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Mr. Tapan Singh, Advocate, for the petitioner.

Mr. Suyash Pant, Standing Counsel, for the State.

In a pending Suit, which was preferred by the petitioner, who is a plaintiff under Section 229B of the U.P.Z.A. & L.R. Act, on an application under Section 229D of the U.P.Z.A & L.R. Act, the Court of Assistant Collector, 1st Class, Vikas Nagar, by an order dated 05.05.2011, had passed the following order:-

**i=koyh is"kA idk"ku gsrq vkns"kA i=koyh 20-6-11 dks izLrqr gksA 27-6-11 rd ;FkkfLFkfr cuk;h j[kh tk;sA** The power to grant of an interim order in a proceedings under Section 229B of the U.P.Z.A & L.R. Act, as per the principles laid down therein, the provisions of Section 229D of the U.P.Z.A & L.R. Act are supplemental in nature, to the provisions contained under Order 39 Rule 1 & 2 of the CPC, and it stipulates that the authorities concerned, who passes an order under Section 229B, has had to apply its judicial mind and then pass an order, under Section 229D of the U.P.Z.A & L.R. Act, and the same principles under Order 39 Rule 1 & 2 of the CPC, would be applicable.

Looking to the facts and circumstances, and the nature of the order, which is under challenge, since its an order of remand, whereby the application under Section 229D of the U.P.Z.A & L.R. Act, has been directed to be decided a fresh in accordance with law and particularly as per the opinion of this Court, it has had to be decided in accordance with the judgement of A. Venkatasubbiah (Supra), the impugned order of remanding the matter to re- decide the application under Section 229D of the Act, no prejudice, as such has been caused to the petitioner, because all his contentions in relation to his arguments pertaining to supporting his application under Section 229D of the Act, is still left open to be addressed by him before the Court of Assistant Collector.

Hence, looking to the nature of the order, this Court is not inclined to exercise its extraordinary supervisory jurisdiction under Article 227 of the Constitution of India. The writ petition is dismissed.

However, the Assistant Collector, 1st Class, Vikas Nagar is directed to decide the application under Section 229D of the Act, afresh exclusively on its own merits, within the period of one month from the date of presentation of the certified copy of this order.

(Sharad Kumar Sharma, J.) 05.04.2021 Mahinder/