JUDGMENT :

1. Heard Mr. Rajesh Kumar Tripathi and Mr. H.N. Pandey, Counsel for the petitioner, learned Standing Counsel for respondent Nos.1, 2, 3 and 5 and Mr. Bhupendra Kumar Tripathi, Counsel for respondent Nos.4 and 6.

2. The brief facts of the case are that proceeding under Section 122-B of U.P. Z.A.& L.R. Act was initiated against the petitioner in respect to plot No.314 area 1.28 acre on the basis of report of lekhpal that petitioner is in illegal possession of Gaon Sabha land. Petitioner filed his objection stating that petitioner belongs to scheduled caste community and he is in possession of disputed plot since before 30.06.1975 and having land less than one (1) acre as such petitioner is entitled to be recorded as sirdar. Lekhapl was examined before the Court and stated that petitioner belongs to scheduled caste community, his possession is since June 1976. Sub-Divisional Officer vide order dated 19.04.1977 on the basis of oral and documentary evidence on the record of the case has declared the petitioner as sirdar of the plot in dispute. A restoration application without any prayer for condonation of delay has been filed by lekhpal on 25.05.1977 to recall the order dated