Palok Basu, J.

1. This is a writ petition filed by Gaon Sabha Piprota, Pargana, Tahsil and District Ballia through its Pradhan with the prayer that the order passed by the Board of Revenue in Second Appeal No. 9 of 84-85, dated 19-1-87 be quashed.

2. The respondents Dina Nath Tewari and Smt. Kalawati being the dependents of two such persons who lost their lives while defending the country in the 1965 war between India and Pakistan, were allegedly allotted some plot of land by the Gaon Sabha. Some trouble having arisen concerning their rights, they had to file a suit for declaration of their rights u/Sec. 229-B of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act). The said suit was filed on 4-12-72 in which, the State of U. P. aswell as the Gaon Sabha through the Pradhan were impleaded as defendants. Admittedly on 4-1-73, the notice was served in the office of the Collector and on 4-2-73, the notice was served on the Up Pradhan of the village. Neither there was any contest by the State, nor did the Gaon Sabha object to the suit. Consequently on 6-5-75, an ex-parte decree was passed.

On 1-3-79, a restoration application appears to ha