Hon'ble Ram Surat Ram (Maurya), J.—Heard Sri S.C. Varma along with Sri Anil Kumar Aditya for the petitioners and Sri C.B. Yadav, Additional Advocate General, along with Sri Shashank Shekhar Singh, Additional Chief Standing Counsel, for State of U.P.

2. Due to conflict in opinion between two Hon’ble Single Judges in the cases of Sewak Shanker v. Additional Collector, Agra and others, 1985 ALJ 746 and Shanker Saran and others v. State of U. P. and others, 1987 AWC 755, on the issue of maintainability of writ petition, challenging orders passed in proceeding under Section 122-B of U.P. Act No.1 of 1951 (hereinafter referred to as “the Act”), the matter was placed before the Division Bench in Rajendra Singh v. State of U.P., 2008(4) ADJ 37 (DB), under the orders of Hon’ble the Chief Justice for resolving the same. The Division Bench framed the following question for consideration:

“Whether as per Section 122-B, sub-section (4-C), (4-D) and (4-E) of the U. P. Z. A. & L. R. Act, 1950, civil suit is the appropriate remedy to resolve the dispute ?”

Or

“Whether writ petition could lie against any order under sub-section irrespective of availability of alternative and efficacious re