- (1.) HEARD Shri Brijesh Kumar Saxena, learned counsel for the petitioners, Shri Vinay Bhushan, learned Addl. Chief Standing Counsel and perused the record.
(2.) BY means of the present writ petition, the petitioners have challenged the impugned order dated 16.09.2002 (Annexure No.1) passed by the Prescribed Authority (Ceiling)/Additional Collector, Sitapur/opposite party no.3 and order dated 11.2.2003 (Annexure No.3) as well as order dated 4.4.2003 (Annexure No.5) passed by the Additional Commissioner (J), Lucknow Division, Lucknow in Appeal No.28 of 2001- 02. Facts in brief as submitted by learned counsel for the petitioners are that the land in dispute initially belonged to one Shri Vishwa Nath Singh who was the original tenure holder. On 12.8.1959, he executed a registered sale deed in respect of plot nos.377 and 382 (new number) situated in village Kariyamau, Pargana Ram Kot, Tehsil, District- Sitapur in favour of Smt. Kamla Shukla, Smt. Ram Devi and in favour of Smt. Prem Kumari, Smt. Karori Banerji, Sri Prakash Banerji and Smt. Sushma Kochar resepectively. Smt. Prem Kumari in order to get her ¼ share in the land in dispute purchased by her through registered sale deed dated 18.8.1959 filed a suit under Section 176 of the U.P. Z. A. & L. R. Act, 1950, decreed in her favour by judgment and decree dated 7.2.1966 passed by the Competent Court/Assistant Collector, Ist Class, Sitapur, accordingly, the land was mutated in her name in the revenue record. Further, Smt. Karori Banerji, Sri Prakash Banerji and others persons who have purchased the land in dispute (plot no.377) by virtue of the registered sale deed dated 18.8.1959 from Vishwa Nath Singh, filed an appeal against the order dated 7.2.1966 bearing Appeal No.60/65-66, dismissed by order dated 26.7.1966 passed by the appellate authority/the Commissioner and the Additional Commissioner, Lucknow, Sitapur.
(3.) IN respect to plot no.377 a litigation under Section 209 of the U.P. Z.A. and L. R. Act has taken place in Case No.4/11/22 "Smt. Ram Devi & another vs. Akhilendra Pratap Singh & another", decided on 4.3.1978 in favour of Smt. Ram Devi & another. Thereafter, by the registered sale deed dated 27.11.1975, Smt. Karori Banerjee, Sri Prakash Banerjee, Smt. Sushma Kochar transferred their 3/4th share in plot no.382 in favour of Sri Ganga Ram (father of petitioner nos.5 to 9), Ram Dayal (petitioner no.4), Ram Kripal (petitioner no.2) and Kamal Chandra (petitioner no.3). On 20.2.1981 Smt. Prem Kumari executed a registered sale deed transferring her 1/4th share in Khasra Plot No.382 in favour of Sri Ganga Ram (father of petitioner nos.5 to 9), Ram Dayal (petition no.4), Ram Kripal (petitioner no.2) and Kamal Chandra (petitioner no.3) for valuable consideration. On 20.2.1981, Smt. Rama Devi and Smt. Kamla Shukla executed registered sale deeds in some other person. ;