JUDGMENT

Saurabh Lavania, J.

Heard Sri Pradeep Chandola, learned Counsel for the petitioner and Sri Hemant Kumar Pandey, learned State Counsel.

2. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with.

3. The present petition has been filed for the following main reliefs:-

"(i) To issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned judgment and order dated 22.06.2023 passed by Additional Commissioner (Administration Second), Devi Patan Division, Gonda in Case No. 909/2023 (Computerized Case No. C2023800000909) Rakesh Kumar v. Government of U.P. contained in Annexure No. 1 to the writ petition.

(ii) To issue a writ, order or direction in the nature of certiorari thereby quashing the impugned judgment and order dated 01.11.2019 passed by the District Collector, Gonda in Case No. 52/2013-14 (Computerized Case No. D201808300000431), Govt of U.P. v. Mu. Mantoora contained in Annexure no. 2 to the writ petition.

(iii) To issue a writ, order or direction in the nature of mandamus commanding the official opposite parties no. 1 to 3 not to implement/execute the orders contained in Annexure No. 1 & 2 to the writ petition."

4. Brief facts of the case are to the effect that the petitioner has challenged the order dated 22.06.2023 passed by Additional Commissioner (Administration Second), Devi Patan Division, Gonda, in Case No. 909/2023, Computerized Case No. C2023800000909, (Rakesh Kumar v. Government of U.P.) filed under Section 333 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short "Act of 1950").

5. By the order dated 22.06.2023 the application for condonation of delay preferred by the petitioner seeking condonation of delay in preferring the revision challenging the order dated 01.11.2019 passed by Collector, Gonda in Case No. 52/2013-14, Computerized Case No. D201808300000431 (Government of U.P. v. Mu. Mantoora), which was passed under Section 166/167 of the Act of 1950, was rejected by opposite party no.2/Additional Commissioner (Administration Second), Devi Patan Division, Gonda.

6. The order dated 01.11.2019 passed by the opposite party no.3/ District Collector Gonda, whereby the opposite party no.3 allowed the claim of the State based upon the Section 157(AA) of the Act of 1950 and directed the revenue official to enter name of the State in the revenue record related to Gata No. 420M/0.121 Hect. situated at Village Ramwapur Hardopatti, Post Office Ranipur, Pargana, Tehsil and District Gonda, is also in issue.

7. In the proceedings before the opposite party no.3, the opposite party no.4/ Mu. Mantoora wife of late Chhitai and opposite party no.5/Jagdish Prasad S/o Rampher were party.

8. It would be apt to notice that petitioner was not the party before the opposite party no.3, in the proceedings in which the order dated 01.11.2019 favourable to the State was passed.

9. It would also to be noted that a perusal of order dated 01.11.2019 reflects that service upon opposite party no.4 (opposite party no.1 before the opposite party no.3) and opposite party no. 5 (opposite party no. 2 before the opposite party no.3), was sufficient, however, both these parties did not choose to appear before the opposite party no.3, in absence of these parties, the opposite party no.3 passed the order dated 01.11.2019.

10. It would also be relevant to be noted that name of opposite party no.4 Mu. Mantoora wife of late Chhitai, was recorded in the revenue record in place of her husband Chhitai and she became entitled to transfer the land in terms of Section 157(AA)(4) of the Act of 1950.

11. The said land, detailed above, was transferred to one Jagdish Prasad through registered sale deed dated 01.09.2006 and thereafter Jagdish Prasad through registered sale deed dated 31.03.2015 transferred the part of the said land i.e. Gata No. 420M in favour to the petitioner. This transfer by Jagdish Prasad in favour of the petitioner was made, after due permiss