ABDUL MOIN,J. - (1.) Heard learned counsel for the petitioners, learned Standing Counsel and Sri Dilip Kumar Pandey, learned counsel appearing for respondent No.5. With the consent of the learned counsel for the parties, the writ petition is being finally decided.
(2.) By means of the present petition, the petitioners have prayed for the following reliefs:- "i) To issue a writ, order or direction in the nature of Certiorari to quash the order dated 07.02.2020, 28.11.2018 and 22.11.2018 passed and issued by Tahsildar/Assistant Collector, Baldirai, Sultanpur contained as Annexure No.1, 2 and 3 to the writ petition. ii) To issue a writ, order or direction in the nature of Certiorari to quash the order dated 12.12.2019 passed by Chief Revenue Officer, Sultanpur contained as Annexure No.4 to the writ petition. iii) To issue a writ, order or direction in the nature of Mandamus restraining the opposite parties to evict the petitioners from their house and demolish the same existed over the plot No.82 (old no.112) area 0.0510 hectare situated in Village-Singhani, Pargana-Isauli, Tehsil-Baldirai, District Sultanpur. iv) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to not interfere in peaceful living and possession of the petitioners in the House situated over the Gata no.82 (old no.112) area 0.0510 hectare situated in Village-Singhani, Pargana-Isauli, Tehsil-Baldirai, District Sultanpur. v) To issue any other order or direction which this Hon'ble Court may deems fit and proper under the circumstances of the case. vi) Allow the writ petition with cost."
(3.) The facts of the case bereft of unnecessary details are that the proceedings under Section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as the Code 2006) were initiated against the petitioners for encroachment on pond land. The said case proceeded ex-parte and through an order dated 28.11.2018, a copy of which is Annexure-2 to the writ petition, the Tahsildar directed for eviction of the petitioners from Gata No.82M area 0.0510 hectare and also imposed compensation and cost. Alleging that the order is ex-parte and had been passed without any hearing, the petitioners filed a recall application on 4.12.2018, a copy of which is Annexure-15 to the writ petition. The Tahsildar through an order dated 27.12.2018, a copy of which is Annexure-16 to the writ petition, allowed the application for recall with cost and recalled the ex-parte order dated 28.11.2018. The petitioners thereafter put in appearance before the Tahsildar concerned and also filed their objections. Thereafter the Tahsildar through order dated 22.11.2019, a copy of which is Annexure-3 to the writ petition, rejected the application of recall dated 4.12.2018 filed by the petitioners and directed for ensuring compliance of the earlier order dated 28.11.2018.;