- (1.) Heard the learned counsel for the parties and perused the record.
(2.) This petition has been filed praying for a writ in the nature of certiorari for quashing the impugned orders dated 25.05.2016 and 02.11.2016 passed by the Sub Divisional Magistrate/Assistant Collector, Class-I, Bakshi Ka Talab, Lucknow and the Additional Commissioner (Judicial), Lucknow Division, Lucknow, respectively.
(3.) It is the case of the petitioners as argued by Shri Murli Manohar Srivastava, learned counsel for the petitioners that the petitioners filed a Suit registered as Case No.5 of 2007-08, under Section 209 of the U.P.Z.A. and L.R. Act saying that they had bought land of Khata No.160 Gata No.12/0.297 hectare situated in Village Adhar Khera, Pargana Mahona, Tehsil Bakshi Ka Talab, Lucknow, from one Sunil Kumar Singh son of Ram Khilawan, who was the Bhumidhar, with transferable rights of the said property. In pursuance of such sale deed the names of the petitioners were recorded in the Revenue Record on 08.04.2005 by the Tehsildar Bakshi Ka Talab. The petitioners also bought the land of Khata No.10, Gata No.11/0.043 hectare and Gata No.13/0.002 hectare i.e. two plots of land, Total area 0.045 hectares situated in Village Adhar Khera, Pargana Mahola, Tehsil Bakshi Ka Talab, Lucknow, from one Ishwardeen son of Narayan who was the recorded tenure holder of the said land through a registered sale deed and the name of the petitioner no.1 was recorded in the Revenue Record on 10.05.2005. The petitioners being in possession of the aforesaid land, their possession was being disturbed by the Officers of the Forest Department and therefore, they filed a Suit under Section 209 of the U.P.Z.A. and L.R. Act praying for possession of land of which they were recorded tenure holders on the basis of a registered sale deeds. In the said Suit, the petitioners had impleaded the Divisional Forest Officer, Awadh Forest Division, Indra Nagar, Lucknow, and the Gaon Sabha Aadhar Khera through its Gram Pradhan as the defendant. The State of U.P. through Dy. Collector, Revenue was made respondent no.3 in the said Suit.;