- (1.) HEARD Sri C.L. Pandey, learned Senior Advocate assisted by Sri Manoj Kumar for the petitioners, Sri Ashwani Kumar Misra appearing for respondent no. 2 and the learned Standing Counsel appearing for respondents no. 1 to 3.
(2.) BY this petition, petitioners have prayed for following reliefs: (i) issue a writ order or direction in the nature of mandamus commanding the respondents to give possession of the unacquired land of the petitioners belonging to khasra No.325/1 situated at P.O. Chakambarpur Surya Nagar, Ghaziabad 2 -9 -0 (2 bigha 9 biswa) out of which by notification dated 2.7.1963 1 -7 -10 (1 bigha -17 biswa -12 biswansi) land was acquired by the authorities. (ii) issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iii) award costs of the petition to the petitioners. Petitioners' case in the writ petition is that petitioners are owner of plot no. 325, out of which land notification was issued under sections 4 and 6 of the Land Acquisition Act. and only one bigha 17 biswa and 12 biswansi was acquired, he submits that rest of the land, namely, 11 Biswa 8 biswansi petitioners are owner and they are entitled to retain ownership of the said land whose possession have illegally been taken by the respondents. It is submitted by the learned counsel for the petitioners that petitioners have submitted several representations but no one paid any heed to any of the representations.
(3.) LEARNED counsel for the respondents submits that petitioners had filed a civil suit being suit no. 555 of 1990 in the court of Civil Judge(Junior Judge), Ghaziabad praying for demolition of constructions and giving possession with regard to area 11 Biswa 8 Biswansi of plot no. 325 which suit was dismissed by the court vide judgment and order dated 29.1.1998. Learned counsel for the respondents submits that in view of the dismissal of the suit, present writ petition which has been filed substantially for the same relief can not be entertained.;