B.L. Yadav, J.

1. This is a petition filed by the State of U.P. through Collector, Agra, under Article 226 of the Constitution of India, with a prayer that a writ of Certiorari may be issued quashing the orders dated 8th of August, 1990 passed by the Addl. Commissioner, Agra Division in proceedings under section 218 of the U.P. Land Revenue Act. 1901 (for short the Act) and the order of Board of Revenue dated 22-8-91 rejecting the reference made by the Addl. Commissioner Agra, Division, Agra.

2. Both the parties suggested that inspite of application to vacate the interim stay, petition itself may be decided on merits. As the matter is very short, consequently, I propose to decide the petition on merits. Learned Standing Counsel urged that the reference under section 218 of the Act, was correctly made by the Addl. Commissioner for setting aside the orders dated 10-11-1987 and 2-7-1976 in the mutation proceedings in favour of respondents Nos. 5, 6 and 7. The Board of Revenue has heard the reference and rejected it under section 218 of the Act.

3. Sri N.K. Chaturvedi, learned counsel for the respondents Nos. 5 to 7 urged that the petition arises out of mutation proceedings under