- (1.) R. K. Agarwal, J. The petitioners Pooran Singh, Basant Singh and Harcharan Singh sons of Sardar Kartar Singh have filed the present Writ Petition seek ing a writ, order or direction in the nature of certiorari quashing the impugned orders dated 16-11-1988 passed by the S. D. M. Pilibhit respondent No. 2 filed as Annexure 12 to the writ petition and the order dated 21-7-1992 passed by the District Judge Pilibhit in Misc. Civil Appeal No. 40/90 of 1998 filed as Annexure 13 to the writ petition. By the order dated 16-11-1988 the S. D. M. Pilibhit had restrained the petitioners from interfering with the dis puted land in any manner. The appeal filed by the petitioners has been dismissed by the District Judge, Pilibhit.
(2.) BRIEFLY stated the facts giving rise to the present writ petition are as follows. According to the petitioners plot No. 36 (10. 31 acres), plot No. 39/1 (2. 90 acres) and plot No. 40/1 (3. 71 acres) situated in village Lohana Pargana and Tehsil Pooranpur district Pilibhit was leased out to the petitioners by the Zamin-dars much prior to the Zamindari Aboli tion and the petitioners have been in ex clusive cultivatory possession over the same. The petitioners became Sirdar and subsequently became Sankramaniya Bhumidhar by operation of law and their names have been recorded as such in the revenue records as per khatauni of 1937 Fasli the extract of which has been filed as Annexure 1 to the writ petition. A notice dated 30-12-1970 was is sued under Section 3 of U. P. Public Land (Eviction and Recovery of Rent and Damages) Act, 1970 (U. P. Act No. 30 of 1970) for the ejectment of the petitioners and a case was registered as Case No. 63 of 1970 before the prescribed authority. The prescribed authority after considering the objection raised by the petitioners vide order dated 5-2-1976 quashed the entire proceedings initiated on the basis of notice dated 30-12-1970 and directed the authorities to initiate fresh proceedings under U. P. Act No. 22 of 1972 after serving a notice under Section 4 of the Act.
(3.) ACCORDING -to the petitioners without issuing any fresh notice as directed by the prescribed authority vide order dated 5-2-1976 the ejectment of the petitioner was ordered on 27-8-1976, against which the petitioners preferred an appeal being Civil Appeal No. 32 of 1976 before the District Judge, Pilibhit. The District Judge, Pilibhit vide judgment and order dated 14-10-1976 partly allowed the appeal and quashed the order imposing damages on the petitioners. He however, affirmed the order passed by the prescribed authority directing eviction of the petitioners from the plots in question. However, he issued certain direction, which is reproduced below- "it is, however, directed that while execut ing the order of eviction, the prescribed authority shall ensure that the dispute premises are duly demarcated by process of measure ments and otherwise, before the appellant is made to quit and vacate such premises. " The order dated 14-10-1976 passed by the District Judge, Pilibhit has become final between the parties.;