JUDGMENT :

D.K. Upadhyaya, J.

1. Pursuant to the order dated 21.2.2019 passed by this Court, respondent No. 5-Sri Jai Prakash, the then Sub-Divisional Officer, Malihabad, Lucknow is present before the Court. When his attention was drawn to the observations made by this Court in its order dated 21.2.2019, he has been candid in his admission that the suit decided by him vide his judgment and order dated. 28.1.2019 could not be decided in the manner in which he decided the same. He has further submitted that the proceedings drawn under section 229-B of U.P. Z.A.& L.R. Act are regular proceedings where declaration of rights is sought and as such, these matters could not be decided in cursory and summary manner.

Sri Gulam Ali Rashidi, Advocate has put in appearance on behalf of respondent No. 1.

Heard learned Counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Yogendra Nath Yadav, learned Counsel for Land Management Committee concerned and have perused the record.

2. The manner in which the suit instituted by the respondent No. 1 under section 229-B of U.P. Z.A. & L.R. Act has been decided by the impugned order dated 28.1.2019 cannot be appreciated. The Tri