S.C.Chaurasia, J. - (1.) Heard the learned counsel for the petitioners, learned Standing Counsel and perused the record.
(2.) This writ petition under Article 226 of the Constitution of India has been filed with the prayer that a writ, order or direction in the nature of certiorari may be issued quashing the order dated 07-04-2010 passed by the Commissioner Faizabad Division, Faizabad , the opposite party no. 2 and the order dated 16-09-2003 passed by the opposite party no. 3, contained as Annexure Nos. 1 & 2 to the writ petition, and the opposite parties may be further directed not to interfere in possession of the petitioners.
(3.) Learned Counsel for the petitioners has submitted that opposite party no. 5, Smt. Ram Dulari was not in possession and the entries made in favour of Sri Ram Garib, husband of Smt. Ram Dulari were expunged by the competent authority and hence, the learned Tahsildar, Bikapur has committed illegality in regularising the alleged unauthorized possession of Ram Dulari over the disputed land under section 122-B (4-F) of the U.P.Z.A. & L.R. Act. His contention is that the petitioners were granted permission to plant the trees on the disputed land and they have filed the receipt (Annexure No. 3 to the writ petition) to indicate that they had deposited the required fees on 08-03-1979. He has further submitted that if the possession of the land is regularised in favour of opposite party no. 5, the petitioners will suffer adversely because she would also cut the trees standing thereon. His contention is that the revision preferred against the said order has been dismissed illegally and hence, the impugned orders deserve to be quashed.;