- (1.) THE petitioners have filed this writ petition with a prayer that the order dated 5.9.2000 passed by the Sub Divisional Magistrate, Patiyali District Etah may be quashed and the respondents may be ordered not to interfere in the peaceful possession of the plaintiffs over their plots situated in village Saria Patti Pargana Sidpura Tehsil Patiyali District Etah.
(2.) IN brief, the facts of the case are that the petitioner No. 1 Chandra Sahai filed Original Suit No. 103 of 1987 whereas, petitioner No. 2 Smt, Kiran Devi filed Original Suit No. 127 of 1987 in the court of Civil Judge (Jr. Div.) Kasganj, District Etah against the State Government through Collector Etah, Senior Superintendent of Police Etah, Executive Engineer, P.W.D. Etah and Station House Officer, Police Station Sidpura District Etah, alleging therein that they are the owner and Bhumidhars of the land mentioned in the plaint and are also in possession of the same. Plot No. 66 has been allotted to the police department for the construction of Police Station Sidpura and the land of the petitioners is adjacent to the said plot No. 66. In the suits it was alleged that the defendants want to take forcible possession of the land of the plaintiffs, hence, they may be restrained from interfering in the possession of the plaintiffs. During the pendency of the case in the court, the defendants took forcible possession of part of the land of the plaintiffs, hence, the relief Clause was amended and it was prayed that the plaintiffs may also be given possession of the land, which has wrongly been taken into possession of the defendants. The suits were ultimately decreed by a common judgment and it was ordered by the Addl. Civil Judge (Jr. Div.) Kasganj on 26.2.1996 that the defendants are restrained from interfering in the possession of the plaintiffs over their land. It was further ordered that the defendant No. 2 namely Sr. Superintendent of Police, Etah shall pay Rs. 5,000/ - to the plaintiff Smt. Kiran Devi for taking unauthorised possession of her land. The defendants were further directed to remove their constructions from the land of the plaintiffs.
(3.) IT further appears from the record that after loosing the legal battle in the Civil Suit, the Lekhpal of the Halka submitted a report to the Sub Divisional Magistrate, Patiyali that the land of plot No. 66 has been reserved for the construction of Police Station Sidpura and adjoining to this land is the land of Smt. Kiran Devi and Chandra Sahai and others. This land has not been declared as Abadi under Section 143 of the U.P. Zamindari Abolition and Land Reforms Act nor any measurement have taken place under Section 41 of the Act. The lekhpal also reported that prima -facie it appears that Chandra Sahai and others are raising construction beyond their land. The report of Lekhpal was forwarded by Naib Tehsildar and then the Sub Divisional Magistrate, Patiyali passed an order dated 5.9.2000 which has been sought to be quashed in this writ petition.;