Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The reference to the Division Bench has been occasioned by an order dated 1 October 2013 of a learned Single Judge while dealing with the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act of 1950).

2. The learned Single Judge noticed several judgments of coordinate Benches dealing with the provisions of Section 122-B. In some of the judgments, learned Single Judges had held that in certain circumstances, while deciding a challenge to an order of eviction under Section 122-B, this Court, in the exercise of its power of judicial review under Article 226 of the Constitution, had the jurisdiction to direct the settlement of the land in favour of an individual found to be in unauthorized occupation by substituting an order for the payment of damages in lieu of the order of eviction. These judgments were delivered in:

(i) Ajanta Udyog Mandal Vidyalay v. State of Uttar Pradesh, LAWS (ALL)-2005-1-103 (decided on 28 January, 2005);

(ii) Budhaee v. Collector, Fatehpur, 2005(98) RD 741 (decided on 19 April, 2005);

(iii) Sukhdeo v. Collector, Banda, 2007 (102) RD 83 (decided on 6 November, 2006)

(iv) Kishore Sing