Amreshwar Pratap Sahi, J. - (1.) THIS petition reflects as to how the administration through a wrong exercise of discretion have deprived the Petitioners of their precious holdings for the past twenty -two years without any sanction of law and without compensation.
(2.) HEARD Sri A.K. Singh, learned Counsel for the Petitioners, Sri S.V. Goswami and Sri N.P. Pandey, learned Standing Counsel for the Respondent Nos. 1, 3 and 4 and Sri Deepak Verma, learned Counsel for the Respondent Nos. 5 to 24. Sri M.N. Singh has accepted notice for the Respondent No. 2. The Petitioners are the tenure holders of the land in dispute. They claim that 1.77 acres of land situate in village Deorajpur, Tappa Parvarpar, Pargana Haveli, Tehsil Hata, District Kushinagar has been illegally taken possession of by the State and allotted to the Respondent Nos. 5 to 24 under the proceedings of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the 1960 Act'). It is further contended that the request made by the Petitioners for cancellation of the said leases and for restitution has illegally been turned down by the impugned order.
(3.) LEARNED Counsel for the Petitioners submits that the proceedings initiated against the tenure holders came to be finalized on 15th May, 1978 whereby 2.28 acres of land in the irrigated sense was declared as surplus. The Petitioners' predecessor in interest was called upon to give choice under Section 12 -A of the Act, which was offered vide order dated 05.12.1978, and the choice was accepted, and the land of village Mahadev Chhapra and village Pagara was ordered to be taken possession of under the aforesaid order dated 05.12.1978.;