- (1.) Heard learned Counsel for the Petitioners and learned standing counsel for Respondents Nos. 1 to 4. No one appeared on behalf of Respondents No. 5 to 11 even though the case was taken up in the revised list. Petitioners who are 8 in numbers purchased different portions of plot no 3825-M situate in Mauja Bhaisaundha Pargana and tehsil Karvi District Banda from Laxmi Prasad father of Respondent Nos. 10 and 11 through different sale deeds. Total purchased area was 11.25 acres. Details of the sale deeds are given in paragraphs 3 to 7 of the writ petition. The sale deeds were executed in 1976, 1979 and 1983.
(2.) Proceedings for declaration of surplus land under U.P. Imposition of Ceiling on Land Holdings Act, 1960 had been initiated against Shri Laxmi Prasad proposing to declare 4.83 acres irrigated land as surplus. Prescribed authority through order dated 3.10.1986 held that no land was surplus with Laxmi Prasad. The judgment was reversed in appeal which was allowed on 5.4.1988 (appeal No. 717 of 1986-87) and an area of 11.56 acres irrigated land equivalent to 28.9 acres general land was declared as surplus. Respondent Nos. 10 and 11 challenged the said decision through writ petition No. 11263 of 1988 which has been dismissed in default on 12.09.2007. In the said writ petition on 20.5.1988 stay order was passed. State asserts that possession had been taken on 11.5.1988.
(3.) Respondents Nos. 5 to 9 are the allottees of the land to the extent of 2 acres each.;