ANJANI KUMAR MISHRA, J. - (1.) HEARD Sri Krishan Ji Khare, learned counsel for the petitioners, and Sri Sanjai Goswami, learned Standing Counsel for the State -respondents.
(2.) THIS writ petition arises out of proceedings under the UP Imposition of Land Holdings Act (the Act), and seeks a writ of mandamus directing the respondents not to enforce the order dated 31.7.2009, passed by Sub -Divisional Officer, Deoband, whereby eviction of the petitioners from the land which has been declared surplus, has been ordered.
(3.) THE facts of the case, briefly stated, are that the ceiling proceedings were drawn up against the father of the petitioners by means of a notice under section 10(2) of the Act. After considering the objection filed by the father of the petitioners, the the Prescribed Authority declared 8 bighas 6 biswas and 13 biswancies land in irrigated terms as surplus. This order was affirmed in appeal by order dated 26.5.1975. The consequential writ petition was dismissed by the High Court on 6.2.1978. The petitioners' father thereafter preferred a Special Leave Petition, which was subsequently converted into a civil appeal, being Civil Appeal No. 1203. The Apex Court by its judgement and order dated 16.12.1982 dismissed the appeal. However, it was left open to the petitioners to take such steps as may be available to them for rectifying any mathematical error in the determination of Sir and Khudkashtha land of the family unit of the landholder, Gyan Prakash.;