WRIT - B No. 5737 of 1978 at Allahabad

Reserved A.F.R. HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 5737 of 1978 Ram Raj …..Petitioner Versus Board of Revenue and …..Respondents others Counsel for Petitioner : Hari Manish Bahadur Sinha, Ratnakar Chaudhary, T.B. Pandey Counsel for Respondents : Akhilesh Kumar, M.C. Yadav, M.L. Yadav, Narayan Dutt Shukla, P.N.Singh, Rituvendra Singh Nagvanshi, S.C., Salil Srivastava, T.P. Singh In Chamber HON’BLE J.J. MUNIR, J. 1. This writ petition arises out of a suit for declaration under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short, 'the Act of 1950') with an alternate prayer for possession, if upon trial possession of the plaintiff and defendant No.2 be not established. By the judgments and decree impugned, passed concurrently by the three Courts below, the suit has been dismissed as not maintainable, the suit property being held not to be ‘land’ within the meaning of Section 3(14) of the Act of 1950. 2. Before proceeding with this judgment, we must take note of the course of proceedings here, which show that by a judgment and order dated 14.12.2005, the writ petition was allowed with a remand to the Assistant Collector, respond