Rajesh Tandon, J.-

Heard Sri Sudhir Kumar. counsel for the petitioner and Sri K.N. Joshi counsel for the respondents.

2. By the present writ petition. the petitioner has prayed for a writ of certiorari quashing the order dated 19.07.2004 passed by the Assistant Collector, 1st Class/Sub-Divisional Officer, Haldwani, District Nainital in Revenue Suit No. 22/257 of 2004 under Section 229(B) of U.P.Z.A. & L.R. Act.

3. Briefly stated, the suit was filed by Sri Rakesh Kumar Agarwal against Pradeep Kumar and others including State as well as Gram Sabha by impleading them as respondent no. 3 and 4.

4. The relief was sought by the plaintiff for a declaration in respect of certain plots. Paragraphs 9 and 10 (31) are quoted below:

5. During the pendency of the suit, the petitioner has filed an application under Section 229-B of the U.P. ZA & LR Act. The respondent no. 1 has also filed an application under Section 80(2) of the C.P.C. on 19th July, 2004. The said application was disposed of by allowing the same. Exemption was granted in respect of the notice which is required for two months. The Presiding Officer has also passed order restraining the respondents from making any alteration in