WPMS 4100/2001 (Old No. 32450 of 1999) Hon’ble P.C. Verma, J. Heard Sri Suresh Mishra, learned Counsel for the petitioners, Sri H.M. Raturi, learned Standing Counsel for the respondent no. 1 & 2 and Sri Sudhir Kumar, learned Counsel for the respondent no.3. Perusal of the impugned judgments reveals that neither the appellate court nor the revisional court has considered the judgment of the Sub Divisional Magistrate by which the suit of the Catholic Diocese of Lucknow under Section 229-B of the U.P.Z.A. & L.R. Act was dismissed on 16.12.1981. `The aforesaid judgment dated 16.12.1981 was not challenged. Respondents have relied on the receipts of revenue payment from 1373 fasli to 1400 fasli and these documents are the only basis of the judgment of the appellate court as well as the revisional court. Accordingly, the writ petition is allowed. The impugned judgments dated 11.3.1996 and 1.5.1999 passed by the Settlement Officer Consolidation, Udham Singh Nagar and D.D.C, Udham Singh Nagar respectively are set aside. The matter is remanded back to appellate court to decide the issue which arises to be decided as to what was the effect of the decision of suit filed by Catholic Diocese of Lucknow under Section 229-B of the U.P.Z.A. & L.R. Act, which was dismissed by the Sub Divisional Magistrate on 16.12.1981. All the issues apart from the issue made above, are made open. The appellate court shall decide the dispute expeditiously. (P.C. V., J.) 7.8.2008 Prabodh