YASHODA NANDAN, J. :- A Bench Consisting of Satish Chandra and N.D. Ojha, JJ., has referred to this Full Bench the following question for its answer :

"What is the impact of Section 5(2)(a) of the U.P. Consolidation of Holdings Act, 1953 on writ petitions or special appeals arising out of them in which judgement or orders passed in suits or proceedings relating to declaration of rights in land covered by a notification under Section 4 of the Consolidation of Holdings Act are impugned ?"

There was a divergence of opinion between the two learned Judges on the above question. While Satish Chandra, J., took the view that the suit or proceeding giving rise to a writ petition is pending in this court and abates by virtue of Section 5(2)(a) of the U.P. Consolidation of Holdings Act hereinafter referred to as the Act -on a notification under Section 4 thereof being issued, N.D. Ojha, J., was of a contrary opinion.

2. Before embarking on a consideration of the impact of Section 5(2)(a) of the Act, it is necessary to appreciate the true nature and character of proceedings under Article 226 of the Constitution and special appeals against orders passed in such proceedings.

3. An order pa