- (1.) Heard Shri Shashi Nandan, Senior Advocate assisted by Udayan Nandan, Advocate on behalf of the petitioner, Shri Tarun Verma, Advocate on behalf of the Indian Oil Corporation, Shri Ashwani Mishra, Senior Advocate on behalf of the Allahabad Development Authority and the learned Standing Counsel on behalf of the State respondents.
(2.) Petitioner seeks a writ of mandamus directing the respondents not to dispossess the petitioners from plot nos. 56 to 74 and plot nos. 59, 59-M and 78/1 situated at Tulsipur, Tehsil Sadar, District Allahabad except in accordance with law.
(3.) Before referring to the merits of the case, we may record that the petitioners in the present writ petition has disclosed a large number of proceedings which had taken place in respect of same plots. The proceedings so disclosed are as follows : The Improvement Trust, Allahabad is stated to have initiated proceedings against Gulam Md. Khan, the predecessor in interest of the petitioner under Section 175 of the U.P. Tenancy Act for their eviction from the land in question. The proceedings travelled up to the Board of Revenue in Appeal No. 39(z) of 1972-73. The second appeal was decided under order dated 06.07.1979. It was recorded that the original records have been destroyed because of fire in the record room of Board, directed that the case be sent to the Trial Court for retrial. It is stated that this order was subjected to challenge by the predecessor in interest of the petitioner by means of Civil Misc. Writ Petition No. 9544 of 1979 wherein the further proceedings have been stayed and the writ petition is said to be pending even today.;