- (1.) HEARD Shri V.K. Rathi, learned counsel for the petitioners and Shri Subhash Goswami, Advocate holding brief of Shri Ashok Kumar Pandey, learned counsel for the respondents.
(2.) THIS writ petition was filed seeking a writ in the nature of mandamus commanding the respondents not to dispossess the petitioner from the plot in question and decide their representation within a specified time.
(3.) THE petitioners claim to be owner in possession of plot no.31 area .18 decimals, situated at village Virdopur, Paragana Dehat Amanat, Tehsil and District Varanasi for the last more than 50 years. The contention of the learned counsel for the petitioners is that the names of the petitioners were recorded in the revenue records and they were owners and in possession of the aforesaid plot no.31, but their name was arbitrarily and illegally deleted without giving any notice or opportunity to them and the land in question was recorded as reserved for 'government use only' in the Khatauni of 1403 -1408 Fasli years. The contention of the learned counsel for the petitioners is that the petitioners made several representations to the concerned authorities for rectification of this error which went unheeded. It is also submitted that the Assistant Collector, Ist Class, Varanasi, by his order dated 7.2.1977 had ordered quashing of the notice issued to the petitioners under rule 115 -C of U.P.Z.A.& L.R. Act and accepted the fact that the petitioners were in possession over the plot in question for the last more than 50 years. The contention of the learned counsel for the petitioners is that the names of the petitioners could not have been struck off from the revenue records in such an illegal and arbitrary manner.;