- (1.) Heard Sri H.N. Singh, learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) The amendment application filed on 18.1.2010 is allowed.
(3.) Land in dispute which is agricultural in nature belongs to Irrigation Department of State of U.P. and is adjacent to lower Division Purvi Yamuna Nahar, Samli Muzaffar Nagar. Rishal Singh, father of petitioners no. 1 to 3 and Karan Singh were granted patta of land in dispute by the respondent Execuive Engineer of the canal for five years from 1.10.1984 to 30.9.1989 on a negligible rent of Rs.258.56 per year. Total area of the land in dispute is 4.78 acre (7 bigha 13 biswa). The lease was given under Government Grants Act 1895. After the expiry of period of lease allottees did not vacate the land in question hence proceedings under U.P. Public Premises Eviction of Unauthorised Occupants Act were initiated, after giving notice, in the form of case no.37 of 2002-03, State of U.P. through Executive Engineer Lower Division Purvi Yamuna Nahar Muzaffar Nagar Vs. Rishal Singh. Proceedings were initiated on 16.12.1992.;