ORDER

S.N. Singh, J. - This petition Under Article 226 of the Constitution arises out of proceedings u/s 209 of the UP ZA and LR Act.

2. The Plaintiff Petitioner instituted a suit u/s 209 of the UP ZA and LR Act for the ejectment of the Defendant on the allegation that Defendant was a trespasser. The Defendant claimed tenureholder's right. The trial court after considering the entire matter came to the conclusion that Plaintiff's claim was established and decreed the suit holding the Plaintiff to be the tenure-holder and also for damages.

3. The Defendant preferred an appeal and the Additional Commissioner, faizabad Division, relying on a decision of the Board of Revenue--Jag Prasad Dubey v. Ram Dayal 1960 AWR 128 (Rev) set aside the decree and directed remand of the case with a direction to implead the State Government and the Gaon Samaj as parties to the suit and then to decide the case afresh.

4. The Plaintiff preferred an appeal before the Board of Revenue. This appeal was dismissed. Thereafter the present writ petition has been filed.

5. During the pendency of this writ petition Section 209 of the UP ZA and LR Act itself was amended and it was made obligatory on Plaintiff instituti