- (1.) THE petitioners have sought a direction in the nature of mandamus restraining the State and its officials, namely, the District Magistrate, the Sub Divisional Officer and the Tehsildar who are impleaded as respondents 2 to 4, from demolishing the houses of the petitioners constructed over plot nos. 529/1 and 529/3, situated at village Shahjanhanpur, Pargana and Tehsil Akbarpur, District Ambedker Nagar, till date.
(2.) ALL the petitioners claim an interest in the property bearing plot nos. 529/1 and 529/3 under a sale deed. According to the petitioners, the building plan was sanctioned on 10 July 2003 in respect of the first petitioner and on 24 April 2006 in respect of the second petitioner. The Deputy Collector called for a report from the Tehsildar who submitted the report on 24 December 2008 recommending the name of the petitioners to be expunged from the revenue records on the ground that lands are recorded in the revenue records as pond. The names of the petitioners were expunged from the Khatuni by the Sub -Divisional Officer on 30 September 2009. The immediate cause of the petitioners was that the third and the fourth respondents had visited the disputed plots with police force for demolition of the construction of the petitioners. The petitioners' claim is that the U.P.Zamindari Abolition and Land Reforms Act, 1950 is not applicable to the area.
(3.) FINALLY , it has been submitted that the judgement of the Hon'ble Supreme Court in Hinch Lal Tiwari vs Kamala Devi and others, 2001 6 SCC 496 did not justify the authorities in expunging the names of the petitioners in the revenue records ex parte. When the petition came up for hearing, an order was passed on 28 May 2012 by a Division Bench that the construction, if any, on Plot No. 529/3 shall not be demolished till further orders of the Court. On 5 March 2014, there was a grievance of the fifth respondent that petitioners are raising illegal structures on the land in question and subsequently on 3 April 2014, the Division Bench appointed an Advocate of this Court as Commissioner. The Commissioner has submitted a report dated 15 April 2014, which is taken on record.;