Hon’ble S. Rafat Alam, J.—In all the aforesaid writ petitions the controversy is common and the order of the Additional Collector passed in a proceeding under Section 198 (4) of the U.P.Z.A. and L.R. Act, 1950 (hereinafter referred to as 1950 Act), is under challenge on the ground that he has no jurisdiction or authority under Section 198 (4) of the Act to exercise the power of Collector and thus, the order of cancellation of allotment of land in favour of the petitioners being without jurisdiction, is to be set aside. During the course of argument the Hon’ble Single Judge having been confronted with two different views of the Benches of coordinate jurisdiction, in the case of Shiv Avtar v. Nabi and others, 1995 ACJ 1313 : 1996 RD 190 and in the case of Brij Kishore and others v. Atrikta Ziladhikari and others, 1986 ALJ 1248, referred the following questions vide order dated 21.12.2001 to a Larger Bench :

(1) Whether under Section 198(4) of U.P. Zamindari Abolition &. Land Reforms Ac, 1950, the power of Collector can be exercised by Additional Collector; and

(2) Which of the Division Bench i.e., 1996 RD 190-Shiv Avtar v. Nabi and others or 1986 ALJ 1248-Brij Kishore and anoth