JUDGMENT : 1. Heard learned counsel for the petitioners, learned Standing Counsel representing the State-respondents and Sri Azad Khan, learned counsel representing the Gaon Sabha concerned. 2. This petition seeks to challenge the order dated 04.07.2018, passed by the Commissioner, Faizabad Division, Faizabad whereby the revision petition preferred by the petitioners against the order dated 04.05.2009 passed under Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (herein after referred to as "U.P.Z.A.& L.R. Act"), has been dismissed. 3. It appears that certain proceedings were drawn against the petitioners under Section 122-B of U.P. Z.A. & L.R. Act read with Rule 115C of the Rules framed under the said Act and accordingly an order was passed on 08.02.2008 by the Tehsildar concerned directing eviction of the petitioners from Gata No.158M, which was said to have been encroached upon by the petitioners over an area of 0.040 hectare. The petitioners appear to have moved some restoration application, which too, was rejected. 4. Challenging the order passed by the Tehsildar in the proceedings drawn under Section 122-B of U.P. Z.A.& L.R. Act, the petitioners had preferred a revision petition before the Commissioner under Section 333 of the U.P. Z.A. & L.R. Act which has been dismissed by the revisional court by means of order dated 04.07.2018. 5. Submission of learned counsel for the petitioners is that though the revision petition preferred by the petitioners was not maintainable, however, no observation ought to have been made by the Commissioner while dismissing the same which would have enabled the petitioners to challenge the order passed by the Tehsildar before the Collector by invoking the provisions contained in Section 122-B (4-A) of the U.P. Z.A. & L.R. Act. 6. Submission of learned counsel for the petitioners carries some weight. 7. The provisions contained in Section 122-B of U.P. Z.A.& L.R. Act are quoted here under: "122B. 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-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]. [(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.]] Explanation. -The expression "agricultural labourer" shall have the meaning assigned to it in Section 198. ..............................." 8. According to Sub-section (4-A) of Section 122-B of U.P. Z.A. & L.R. Act, if any person is aggrieved by the order of the Assistant Collector made by him under Sub-section (3) or Subsection (4), he may file a revision petition before the Collector on the grounds mentioned in clauses (a) to (e) of Section 333. ..............................." 8. According to Sub-section (4-A) of Section 122-B of U.P. Z.A. & L.R. Act, if any person is aggrieved by the order of the Assistant Collector made by him under Sub-section (3) or Subsection (4), he may file a revision petition before the Collector on the grounds mentioned in clauses (a) to (e) of Section 333. The other remedy against the order passed under Section 122-B by the Tehsildar/Assistant Tehsildar is provided in Sub-section (4-D) which provides that any person aggrieved by the order of Assistant Collector or Collector in respect of any property may file a suit in a court of competent jurisdiction to establish the right claimed by him in such property. Sub-section (4-C) of Section 122-B provides that every order of the Assistant Collector shall be final subject to the provisions of Sub-sections (4-A) and (4-D). It further provides that every order of the Collector is also final, which is however, subject to the provisions of Sub-section (4-D). 9. Accordingly, in the wake of the provisions contained in Subsection (4-A), any order passed under Sub-section (3) or Subsection (4) will be revisable in a revision petition to be preferred by the Collector. Since the finality has been attached to the order which may be passed by the Collector under Subsection (4-A) of Section 122-B of the U.P. Z.A. & L.R. Act., the same would not be revisable either by the Commissioner or by the Board of Revenue under Section 333 of the Act. 10. However, it may be noticed that even on dismissal of the revision petition preferred before the Collector under Subsection (4-A), the person aggrieved will not be rendered remediless, inasmuch as he will still have remedy to institute a suit as provided under Sub-section (4-E) of the Act. 11. Accordingly, the revision petition preferred by the petitioner before the Commissioner, Faizabad Division, Faizabad was not maintainable. However, the Commissioner instead of dismissing the revision petition as not maintainable has dismissed the same making certain observations as to the merit of the case as well. 12. 11. Accordingly, the revision petition preferred by the petitioner before the Commissioner, Faizabad Division, Faizabad was not maintainable. However, the Commissioner instead of dismissing the revision petition as not maintainable has dismissed the same making certain observations as to the merit of the case as well. 12. In view of above, the writ petition is finally disposed of with the observation that the order dated 04.07.2018, passed by the Commissioner, Faizabad Division, Faizabad will not be treated to be an order of dismissal of the revision petition touching upon the merit of the case; rather it will be termed to be an order dismissing the revision petition as not maintainable. It will be open to the petitioner to challenge the order passed by the Tehsildar before the Collector by invoking remedy available under Sub-section (4-A) of Section 122-B of U.P. Z.A. & L.R. Act 13. There will be no order as to the costs.