- (1.) Heard Sri Mohd. Arif Khan, senior advocate, assisted by Sri Mohd. Aslam Khan. learned counsel for the petitioner and the learned standing counsel for the State of II. P. and Sri R.N. Gupta, for Gaon Sabha. The petitioner No. 1 Brijanand Pandey and petitioner No. 3 Janardan Pandey, have died and their legal heirs have been substituted in the writ petition. The writ petition was filed on 20.5.1996 Time was granted to the learned standing counsel for State and Sri R.N. Gupta, for Gaon Sabha to file counter-affidavit on 21.5.1996 itself. Almost fifteen years have passed, State has not filed any counter-affidavit. However, counter-affidavit filed by Gaon Sabha is on record. Parties have been heard at length.
(2.) The petitioners have challenged the judgment and-order dated 8.9.1995 passed by the Board of Revenue; the order dated 3.8.1990 passed by the Record Officer, Balia and the order, dated 13.8.1985 passed by the Assistant Record Officer, Balia contained in Annexures-13, 11 and 9 respectively, to the extent that they have =took the auction and became the sole zamindar of the said village and he was recorded as Zamindar in the Khewat on the basis of sale certificate dated 1.11.1934 as auction-purchaser. On account of this incidence, litigation between Maharaj of Dumareon and the ancestor of the petitioners, viz. Ram Sahodar Pandey was started in the civil courts. The said suit was ultimately decided in terms of compromise arrived at between the parties in which the petitioners accepted Maharaja of Dumareon as Zamindar of the said village and Maharaja of Dumareon accepted the petitioner as his tenants (Kastkars) and executed patta istamarari dated 28.5.1951 in favour of the petitioners.
(3.) Xxx XXX XXX;