- (1.) Heard Sri Faneesh Mishra, learned counsel for the petitioners, learned standing counsel and Sri D.D. Chauhan, learned counsel for the Gaon Sabha. This writ petition has been filed with the following prayer. (i) Issue a writ order or direction in the nature of mandamus commanding the respondent Nos. 2 and 3 to ensure the possession of the petitioners over the land in dispute (i.e., land allotted to the petitioners on lease) under the provisions of Section 198A(2)(Ka) of U.P.Z.A. and L.R. Act, 1950 and eject the unauthorized occupants over the land in dispute, otherwise the applicants/petitioners shall suffer irreparable loss. (ii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to meet the ends of justice. (iii) To award the cost of writ petition in favour of the petitioners.
(2.) The submission of Sri Mishra, learned counsel for the petitioners is that the petitioners were granted lease over Plots No. 264 measuring about 0.100, 377 measuring about .162, 461 measuring about 0.321 and 358 measuring about 0.243 and the lease was also executed in favour of the petitioners on 30.5.2010. It appears after the petitioners were put in possession, the petitioners' name were also mutated in the revenue record. In due course, it appears some private persons encroached upon the lease land. Aggrieved by that, the petitioners have filed an application on 23.7.2012 before the District Magistrate, Firozabad for initiating the proceeding for eviction of the unauthorized occupants under Section 198A of U.P. Zamindari Abolition and Land Reforms Act, 1950 (In short 'the Act'). The-submission is that since the date of filing, application is pending and no order has yet been passed. Hence, this writ petition.
(3.) On being confronted as to whether after the allotment of the land, the petitioners were put in possession peacefully or land was occupied by encroachers and after evicting them possession was given. Learned counsel for the petitioners has fairly submitted that the petitioners were put in possession peacefully and at that time, no hindrance was caused by any person.;