- (1.) Heard Sri K.M. Dubey learned counsel for the petitioners and Sri Onkar Pandey learned counsel for opposite parties.
(2.) This writ petition has been filed by Ram Lakhan @ Ram Lakshan, Babloo Lal son of Bhagauti, Raja Ram son of Bhaguti, Manoj Kumar son of Ram Nihal and Ram Bali (a minor)under guardianship of Smt. Phool Kala wife of Ram Nihal for quashing the order dated 13.11.2007 passed by opposite party no.1 (Annexure No. 1 to this writ petition).
(3.) It has been averred in the writ petition that petitioners are the original tenure holders of Plot Nos. 782, 796, 989 situated at Village-Gundhaur Pargana Paschim rath, Tahsil-Bikapur District- Faizabad. Petitioners were allotted chaks at this stage of Assistant Consolidation Officer, which was amended at the stage of Consolidation Officer on the basis of villagers objections. Petitioners were not aggrieved by this arrangement. Later on, Ram Achal (died during the pendency of the writ petition) preferred an appeal against the judgment and order dated 25.2.2006 which was numbered as an appeal no.387 impleading Bhagauti and other including Ram Padarath and petitioner no.1, (Ram Lakhan). That appeal was dismissed with reasoned order on 2.5.2006. Bhagauti had died about 10 years earlier and Ram Padarath had died about 5 years earlier and opposite party no.2 (Ram Achal) has not substituted their legal heirs so the case was conducted upto the stage of D.D.C. Faizabad against the dead persons. Petitioners were never served any notice upto stage of Settlement Officer (Consolidation) and petitioner nos. 2 to 5 were also not served upto the proceeding before D.D.C. Plot No.796 is situated on the border of the village towards east and just thereafter is metal road and for this reason all three branches were adjusted on plot no.796.;