JUDGMENT : Hon’ble Alok Singh, J. (Oral) Present petition is filed assailing the judgment and order dated 16.06.2003, passed by the Revisional Court/respondent No.1 herein, whereby petitioner was directed to be dis-possessed/evicted from the land Gata No. 165 M, measuring 0.136 hectares, Village Harchandpur, Pargana Manglaur, Tehsil Roorkee, District Haridwar and petitioner was directed to pay Rs. 3,222/- towards the damages. 2. 3,222/- towards the damages. 2. Undisputedly, proceedings under Section 122-B of U.P.Z.A. & L.R. Act was initiated against the petitioner in the year 1995; learned Assistant Collector/Tehsildar, Roorkee, vide order dated 31.08.1995, was pleased to direct the eviction of the petitioner from the land Gata No. 165-M, judgment and order of the eviction passed by the learned Assistant Collector/Tehsildar, Roorkee dated 31.08.1995 was assailed by the petitioner in Revision No. 27 of 1995, under Section 122-B (4-A) of the Act before the Collector, Haridwar; Revision was heard and was allowed by the Revisional Court vide judgment dated 29.01.1996 and order passed by the Assistant Collector/Tehsildar, Roorkee dated 31.08.1996 was set aside and notice issued, under Section 122-B of the Act read with Rule 115 Gha on Form 49-A, to the petitioner was discharged; thereafter, second fresh notice dated 28.11.2001, under Section 122-B of the Act read with Rule 115 Gha and Form 49-A was issued to the petitioner asking the petitioner to vacate and hand over the possession of the land Gata No. 165, measuring 0.136 hectares to the Gram Sabha and to pay damages of Rs.1,50,000/-; petitioner appeared before the Assistant Collector/Tehsildar, Roorkee in pursuance to the second notice dated 28.11.2001; defence was taken before the learned Assistant Collector/Tehsildar, Roorkee that since, earlier notice on proforma No. 45 Ka read with Rule 115 Gha and Section 122-B of the Act was issued to the petitioner and Revisional Court, vide judgment dated 29.01.1996, was pleased to discharge the earlier notice issued to the petitioner after observing that petitioner was not in unauthorized occupation of the Gram Sabha land, therefore, fresh notice issued to the petitioner on 28.11.2001 as well as proceedings under Section 122-B of the Act was not maintainable and was barred by the principle of res judicata; learned Assistant Collector/Tehsildar Roorkee, vide judgment dated 11.11.2002, was pleased to drop the proceedings of the eviction and was further pleased to withdraw the second notice of the eviction dated 28.11.2001; judgment dated 11.11.2002 rendered by the Assistant Collector/Tehsildar was assailed by the Gram Sabha in Revision No. 35 of 2002 before the Collector Haridwar; learned Collector, Haridwar, vide impugned judgment dated 16th June, 2003 was pleased to allow the revision and was further pleased to set aside the judgment passed by the Assistant Collector dated 11.11.2002 and was further pleased to direct the eviction of the petitioner from the land Gata No. 165-M, measuring 0.136 hectares and was pleased to direct the petitioner to pay Rs.3,222/- towards the damages for unauthorized use and occupation of the Gram Sabha land. Feeling aggrieved, petitioner has filed preset writ petition. 3. I have heard Mr. M.S. Tyagi, learned counsel for the petitioner and Mr. A.K. Joshi, Addl. C.S.C. for respondent No.1 and have carefully perused the record. 4. As per the office report dated 14.09.2010, envelope containing the notice sent by registered post A.D. to the respondent No. 2 was neither received back undelivered nor AD thereof has been received by the office. Since undelivered envelope sent by the registered post A.D. was not received back even after expiry of 30 days, therefore, service on respondent No. 2 was held to be sufficient vide order dated 16.09.2010. However, none is appearing for respondent No. 2. 5. Section 122-B of the U.P.Z.A. & L.R. Act reads as under :- “122-B. Powers of the Land Management Committee and the Collector.- [(1) Where any property vested under the provisions of this Act in a Gaon Sabha or a local authority is damaged or misappropriated or where any Gaon Sabha or local authority is entitled to take or retain possession of any land under the provisions of this Act and such land is occupied otherwise than in accordance with the provisions of this Act, the Land Management Committee or Local Authority, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed. (2) Where from the information received under sub-section (1) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated or any person is in occupation of any land, referred to in that sub- section, in contravention of the provisions of this Act, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation as mentioned in such notice be not recovered from him or, as the case may be, why he should not be evicted from such land. (3) If the person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time not exceeding thirty days from the date of service of such notice on such person, as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person may be evicted from the land and may for that purpose, use, or cause to be used such force as may be necessary and may direct that the amount of compensation for damage, misappropriation or wrongful occupation be recovered from such person as arrears of land revenue. (4) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2) he shall discharge the notice. (4-A) Any person aggrieved by the order of the Assistant Collector under sub-section (3) or sub-section (4) may, within thirty days from the date of such order prefer, a revision before the Collector on the grounds mentioned in clauses (a) to (e) of Section 333. (4-B) The procedure to be followed in any action taken under this section shall be such as may be prescribed. (4-C) Notwithstanding anything contained in Section 333 or Section 333-A, but subject to the provisions of this Section- (i) every order of the Assistant Collector under this section shall, subject to the provisions of sub-sections (4-A) and (4-D), be final. (ii) every order of the Collector under this Section shall, subject to the provisions of sub-section (4-D), be final. (4-D) Any person aggrieved by the order of the Assistant Collector or Collector in respect of any property under this section may file a suit in a court of competent jurisdiction to establish the right claimed by him in such property. (4-E) No such suit as is referred to in sub-section (4-D) shall lie against an order of the Assistant Collector if a revision is preferred to the Collector under sub-section (4-A). Explanation.- For the purposes of this section, the expression ‘Collector’ means the officer appointed as Collector under the provisions of the U. P. Land Revenue Act, 1901 and includes an Additional Collector]. Explanation.- For the purposes of this section, the expression ‘Collector’ means the officer appointed as Collector under the provisions of the U. P. Land Revenue Act, 1901 and includes an Additional Collector]. (4-F) Notwithstanding anything in the foregoing sub-sections, where any agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gaon Sabha under Section 117 ( not being land mentioned in Section 132) having occupied it from before May 13, 2007 and the land so occupied together with land, if any, held by him from before the said date as Bhumidhar, sirdar or asami, does not exceed 1.26 hectares (3.125 acres), then no action under this section shall be taken by the Land Management Committee or the Collector against such labourer, and [he shall be admitted as bhumidhar with non-transferable rights of that land under section 195 and it shall not be necessary for him to institute a suit for declaration of his rights as bhumidhar with non-transferable rights in that land.]” 6. As per sub-Section (3) of Section 122-B of the Act, if a person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time not exceeding thirty days from the date of service of such notice on such person or if the cause shown is found to be insufficient, Assistant Collector may direct that such person may be evicted from the land by using such force as he deems fit and he may further direct to pay damages / compensation for misappropriation or wrongful occupation of the Gram Sabha land by the person found in unauthorized occupation. 7. Sub-section (4) of Section 122-B of the Act provides that if Assistant Collector is satisfied with the show cause submitted by the noticee and he finds that noticee is not in unauthorized occupation of the Gram Sabha land, he shall discharge the notice. 8. Sub-Section (4-A) of Section 122-B of the Act provides that person aggrieved by the order of Assistant Collector under sub-section (3) directing eviction of such person and payment of damages, may file revision before the Collector. Sub-section (4-A) further provides that order for withdrawal / discharge of notice passed under Sub-section (4) may also be assailed by way of revision. 9. Sub-section (4-A) further provides that order for withdrawal / discharge of notice passed under Sub-section (4) may also be assailed by way of revision. 9. Sub-section (4-D) of Section 122-B of the Act provides that any person aggrieved by the order of Assistant Collector in respect of any property under this section, may file a suit in a court of competent jurisdiction to establish the right claimed by him in such property. 10. However, sub-section (4-E) of Section 122-B of the Act provides that if order of eviction is challenged in revision under sub-section (4-A), then suit shall not be maintainable. In other words, order passed by the Assistant Collector either under sub-section (3) directing the eviction and payment of damages or under sub-section (4) withdrawing / discharging the notice can be challenged either before the competent court in a suit for declaration of title and recovery of possession as the case may be or in a Revision under sub-section (4-A). Person aggrieved thus has two alternate remedies and he has to opt one, i.e. Suit or Revision. 11. Sub-section (4-C) (i) of Section 122-B of the Act provides that order passed by the Assistant Collector subject to the orders passed under sub-sections (4-A) and (4-D) shall be final. Meaning thereby, any order of eviction or discharge of the notice passed by the Court below shall attain finality subject to the decision of the revisional court or court hearing the regular suit of the title. 12. Undisputedly, in the present case, earlier notice was issued to the petitioner in the year 1995 under Section 122-B of the Act read with Rule 115 Gha on proforma 49-Ka, however, notice was discharged finally by the revisional court vide judgment dated 29.01.1996, passed in Revision No. 27 of 1995 and order of the revisional Court dated 29.1.1996 was allowed to attain finality as same was not challenged before the higher forum. Therefore, order dated 29.01.1996, passed by the Revisional Court is final as provided under sub-section (4-C) (i) of Section 122-B of the Act. 13. In my considered opinion, if finality is attached to any order passed by any competent court, then subsequent proceedings on the same cause of action or for the same subject matter shall be barred by the principle of Res judicata. 14. 13. In my considered opinion, if finality is attached to any order passed by any competent court, then subsequent proceedings on the same cause of action or for the same subject matter shall be barred by the principle of Res judicata. 14. Moreover, none should be allowed to agitate the same issue again and again in view of the finality attached to the earlier order passed as per sub-section (4-C) (i) of Section 122-B of the Act. 15. Therefore, second notice dated 28.11.2001 issued to the petitioner again saying that the petitioner is in unauthorized occupation of the Gram Sabha land of Gata No. 165-M and subsequent proceedings under Section 122-B of the Act was not maintainable and was hit by the principle of res judicata. 16. Consequently, impugned judgment passed by the learned Collector does not stand in the eyes of law. 17. In the net result, petition succeeds and is hereby allowed. Impugned judgment and order dated 16th June, 2003, passed by the Collector, Haridwar in Revision No. 35 of 2002 is hereby set aside. Notice issued to the petitioner under Section 122-B of the Act read with Rule 115 Gha on proforma 49-Ka stand discharged. 18. No order as to cost.