ORDER

C.S.P. Singh, J. - This is a petition by one of the tenure-holders of village Signone, Tahsil Mahoba district Hamirpur by which he challenges a plan of soil conservation prepared in respect of his village and holding under the U.P. Act No. XVI of 1963 (The U.P. Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963).

2. The Petitioner has raised a number of grounds in the petition including a challenge on the ground of vires of the Act. Inasmuch as it is possible to grant him relief without going into the question of vires of the statute, I refrain from considering the grounds raised in the petition in respect of this controversy.

3. Learned Counsel for the Petitioner has urged that there has been a breach of a number of provisions of the Act and the Rules and as such the plan cannot be enforced. Apart from the grievance about a breach of Section 10(3) of the Act, the contentions raised requires an investigation into facts inasmuch as there is a dispute about the correct factual position. As such it is not possible to decide this disputed question of fact in this petition.

4. So far as grievance of the breach of Section 10(3) of the Act is concerned, the same has been clearly made out. u/s 1