HONBLE RAN VIJAI SINGH,J. - (1.) HEARD Sri Shashank Kumar, learned counsel for the petitioners, learned standing counsel for the State - respondents and Sri Abhishek Srivastava holding brief of Sri A.K.Srivastava, learned counsel for the Gaon Sabha.
(2.) THROUGH this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 31.10.2008 passed by the respondent no.2 by which the petitioners' names have been expunged from the revenue record while exercising the power under sub - rule (2) of Rule 176 of the U.P. Zamindari Abilition and Land Reforms Rules, 1952 with the direction to record the name of Gaon Sabha over the land in dispute. While passing the impugned order it has been recorded by the Assistant Collector that the parties have been heard. Learned counsel for the petitioner submits that the order impugned has been passed without any notice or affording an opportunity of hearing as the petitioners have never engaged any counsel and the order impugned has been passed ex parte. Vide order dated 20.2.2014 learned standing standing counsel was directed to seek instruction and to produce the record. Learned standing counsel has sought instruction and has obtained the record. On the basis of the record he submits that so far as petitioner nos. 1 and 2 are concerned no adverse order has been passed against them.
(3.) ON this learned counsel for the petitioner contends that the writ petition may be dismissed as not pressed at this stage on behalf of petitioner nos. 1 and 2 with liberty to file a fresh writ petition. The writ petition is dismissed with the liberty aforesaid.;