JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri Vimal Kishore Verma, learned counsel for the petitioner, Sri S.P. Maurya, learned Standing Counsel for the State-respondent and Sri Dilip Pandey, learned counsel for respondent No.5.

2. By means of the present writ petition, the petitioner has prayed for the following reliefs :-

"(i) issue a writ, order or direction in the nature of certiorari quashing he impugned judgment and order dated 16.4.2003, passed by opposite party No.2, Additional Commissioner (Judicial) Lucknow Division, Lucknow in Revision No.405 of 1996-97 under Section 333-A of the U.P. Z.A. & L.R. Act, contained at Annexure No.10 to the writ petition, and impugned order dated 24.1.1997 passed by opposite party No.3, Appar Collector, Sitapur in Case No.31/36/48/104 Under Section - 198(4) of the U.P. Z.A. & L.R. Act, contained at Annexure No.8 to the writ petition.

(ii) issue any other writ, order or direction in the nature and manner which this Hon'ble Court may be deemed fit, proper and just in the circumstances of the case and;

(iii) ..."

3. Factual matrix of the case is that the petitioner is a landless person belonging to backward caste and residing in Village Medhia, Mohammadpur Kadeem, where the disputed land situates. The allotment of disputed land Gata No.183/ 0.266 hectare has been made in the aforesaid village after passing the resolution by respondent No.5 and approval was also made by Sub Divisional Officer, Mahmoodabad on 24.7.1989 in favour of petitioner and 24 other persons.

4. The allotment of agricultural land Gata No.183 has been made in favour of petitioner alongwith 24 other persons on the same day by same and single resolution of respondent No.5. Thereafter, the petitioner is in possession over the land and doing cultivation on the basis of allotment done in his favour. The respondent No.4 filed a case under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 for cancellation of allotment made in favour of the petitioner, in July 1989. The petitioner filed his objection regarding the aforesaid application of respondent No.4.

5. The father of respondent No.4 namely Baldeo having 1.218 hectare agricultural land situated in the same village and respondent No.4 is the only son of Baldeo and residing with his father. Father of the respondent No.4 is having other agricultural land Gata No.182/ 0.044 hectare, therefore, the claim setup by the petitioner is that the respondent No.4 is not the landless person.

6. The respondent No.3 cancelled the allotment made in favour of the petitioner vide order dated 24.1.1997. During the pendency of the case under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, the respondent No.4 filed Case No.51/94/122/138/151 under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act before the Deputy Collector, Mahmoodabad, in which the petitioner filed his written statement in the said suit on 31.5.1995, whereby the Deputy Collector passed the order ex-parte in ex-parte proceeding on 23.4.1999 and the suit was decreed. Against the order of the Deputy Collector dated 23.4.1999, the petitioner moved a restoration application for setting aside the aforesaid order which was rejected on 28.5.1999 and the next date was fixed as 31.5.1999 for final argument/ orders and closed the opportunity of hearing and evidence to the petitioner.

7. The Deputy Collector passed ex-parte judgment and decree dated 2.6.1999 in the suit filed under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act in favour of respondent No.4. The petitioner filed Appeal No.397/1998-99 under Section 331 of the U.P. Zamindari Abolition and Land Reforms Act before the respondent No.2 which was admitted and operation of the judgment was stayed. Against the cancellation of allotment of land of the petitioner, he filed Revision No.405/1996-97 before the respondent No.2 against the judgment and order dated 24.1.1997, passed by the respondent No.3.

8. The Additional Commis