JUDGMENT :

CHANDRA KUMAR RAI, J.

1. Heard Sri Adya Prasad Tewari, learned counsel for the petitioner, Sri Abhishek Shukla, learned Addl. C.S.C. for the state-respondents and Mr. Sudhir Bharti, learned counsel for the respondent-gaon sabha. Neither anyone is present on behalf of respondent nos. 5 & 6 nor any request has been made on their behalf for adjournment.

2. Brief facts of the case are that plot no. 198 (old no. 258), area 0.1780 hect. is recorded in the name of gaon sabha under Class 6-2 category land. Proceeding under Section 122-B of the U.P. Z.A. & L.R. Act, 1950 was initiated against respondent no. 5-Kedar Nath Yadav Inter College, Baghagara, Tahsil, Sadar, Gorakhpur (a private unaided intermediate college, under self-financed scheme). An order for ejectment and damages has been passed against respondent no. 5 in respect to 44 decimal area of plot no. 258 as well as damages of Rs. 11,91,040/- vide order dated 28.6.2001. Respondent no. 5 challenged the order dated 28.6.2001 by way of Revision No. 73 before the Collector which was dismissed vide order dated 23.11.2001. Against orders dated 28.6.2001 and 23.11.2001, respondent no. 5 filed Civil Misc. Writ Petition No. 40820 of