- (1.) HEARD learned counsel for parties.
(2.) BY means of the instant writ petition, petitioners challenge the orders dated 8.7.2011 and 4.7.2012 dismissing their application under Section 143 of U.P.Z.A.& L.R. Act. Briefly stated the facts are as under;
(3.) THE petitioners filed an application dated 1.2.2009 under Section 143 of U.P. Zamandari Abolition and Land Reforms Act, 1950 (short the Act), alleging that Khasra No.136 (area 0.853 hectares) and Khasra no.141/1 (area 0.378 hectares) is surrounded by a boundary wall on all four sides over which a school building of petitioners is situate, hence said plots be declared as abadi of petitioners; on the aforesaid application a report of Tehsildar dated 20.3.2009 was submitted stating that over the said plots construction of one Sapna International Public School is in progress, part of land appurtenant is lying vacant wherein no agricultural operations are being carried, thus recommending the grant of requisite declaration; upon notice to gram sabha/state, the state government accorded its no objection on 28.3.2009 resulting in the grant of declaration under Section 143 of the Act in favour of the petitioners subject to the compliance of building laws on 28.3.2009. However, on an application for recall filed on behalf of respondents 3 to 6 alleging themselves to be co -sharers of Khata no.11, Khasra no.136 (area 0.8840 hectares) which had not been partitioned and who were also not put to any notice of the proceedings, order dated 28.3.2009 was recalled on 5.7.2010, case restored to its original number.;