JUDGMENT S.U. Khan, J.
1. Proceedings for cancellation of pattas granted to the petitioners have been instituted under Section 198(4) of U.P.Z.A.L.R. Act. The case has been registered as Case No. 64/00-01.
2. Petitioners raised plea of limitation. A.D.M. (Admn.), Allahabad through order dated 22.11.01 directed that the plea of limitation would be considered along with the final judgment. :Prior to that, just after filing of the cases A.D.M. had passed a detailed order, tentatively holding that proceedings were not barred by time. Against the order dated 22.11.01 petitioners filed revision being Revision No. 24/01. Revision was allowed by Additional Commissioner (First) Allahabad Division, Allahabad on 16.7.03 and it was held that proceedings were barred by limitation. Against the said order second revision was filed before Board of Revenue by the contesting respondents. Board of Revenue by order dated 12.1.2005 allowed the revision and maintained the order of the trial court.
3. Learned counsel for petitioner has cited an authority of this Court reported in Radhey Shyam v. Board of Revenue 2002 RJ 657. In the said authority it was held that question of resjudicata and limitation could be decided as preliminary issue. However as nothing has been finally decided and trial court is yet to decide the case finally including the question of limitation , hence I do not consider appropriate to interfere in exercise of writ jurisdiction. Even otherwise an order directing or refusing to decide (SIC) issue as a preliminary issue is not 'case decided or proceeding decided. No revision is maintainable against such order. (vide Y.S. Misra v. M. Kumar 1988 ALJ 360 and GDA v. SLM Kumar 1990 ACJ 120 This aspect was not brought to the notice of the Hon'ble Judge who decided the aforesaid case.
4. Writ petition is accordingly dismissed. However, it is clarified that the trial court without being influenced by its earlier order or the orders of Commissioner and Board of Revenue shall decided the question of limitation along with final judgment giving reasons.