- (1.) HEARD Shri Raghvendra Singh, learned Senior Advocate assisted by Shri Anurag Kumar Singh for the petitioners and Shri S.K. Kalia, learned Senior Advocate assisted by Shri Vikrant Raghuvanshi for the opposite parties.
(2.) THIS writ petition has been filed with the prayer for issuing mandamus restraining the opposite parties from taking over possession from the petitioners by use of force of the land in dispute situated in Village Imiliya Gurdayal, Pargana, Tehsil and District Gonda. Further prayer has been made to restrain the opposite parties from raising any construction over the land in dispute and also restrain the opposite parties from interfering in the peaceful possession of the petitioners.
(3.) LEARNED counsel for the petitioners has submitted that the opposite parties intend to take forcible possession over the land in dispute regarding Gata Nos. 145 area 0.180 hectare, 146 area 0.0530 hectare and Gata No. 148 (MI) area 0.3680 hectare, total area measuring about 0.603 hectare (6030 sq. mt.) situated at Village Imiliya Gurdayal, Pargana, Tehsil and District Gonda. It has also been submitted that the said land was owned by Maharaja Dharmendra Pratap Singh, adopted son of Maharaj Pateshwari Prasad Singh and his name has been recorded in the revenue records. The petitioners have purchased the aforesaid land from Maharaja Dharmendra Pratap Singh by means of a registered sale deed dated 29.12.2011. It has also been submitted that there are some constructions on a very small portion of land which are in dilapidated conditions and two rooms are being used as Temporary Bill Collection Centres by the opposite parties. The said land was never transferred to U.P. Power Corporation Ltd., but the U.P. Power Corporation Ltd. has occupied two rooms situated on the said land. The U.P. Power Corporation Ltd. has no concern with the land and buildings situated at Gata Nos. 145, 146 and 148 (MI). On 25.03.2012, the petitioners came to know that the aforesaid land is being dug up for some fresh construction and some construction material has also been unloaded on the said plots. The petitioners approached the Executive Engineer, U.P. Power Corporation Ltd. Gonda to stop the construction. The State Government had tried illegally to take over possession of several properties of the erstwhile Balrampur Estate. The Additional District Magistrate, Gonda, has also directed the Sub -Registrars of the district not to allow the Registration of sale deeds in respect of any property of Balrampur Estate or Ayodhya Estate without his permission. Although, the said order has been quashed by the Inspector General (I.G.) (Registration), U.P. Lucknow by order dated 27.12.2011. The land in question has never been acquired by the Government and the opposite parties have no legal authority to dispossess the petitioners.;