JUDGMENT :

1. Heard Sri Prateek Kumar, advocate holding brief of Sri Arvind Srivastava-III, learned counsel for the petitioners and Sri D.V. Jaiswal alongwith Sri G.C. Pant, learned counsel appearing for respondent nos.3 and 4.

2. The present petition has been filed seeking to assail the order dated 28.01.2008 passed by the Sub-Divisional Officer, Milak, Rampur/respondent no.2 and also the order dated 25.07.2008 passed by the Additional Commissioner (Judicial), Moradabad Division, Moradabad/respondent no.1 in proceedings arising out of Section 34 of the U.P. Land Revenue Act, 1901[the Act, 1901].

3. In terms of the order dated 28.01.2008 passed by respondent no.2 the appeal filed by respondent no.4 was allowed and the matter was remitted back to the court below leaving it open to the parties to raise their contentions on merits of the case.

4. The revisional court has specifically recorded a finding that the mutation court had erred in rejecting the objections filed by the respondents without due consideration thereof and in view of the same the order passed in the appeal remitting the matter for consideration afresh did not suffer from any error. It has also been recorded that the ord