Anjani Kumar Mishra, J. - (1.) HEARD Sri SK Yadav, learned Counsel for the petitioners, learned Standing Counsel for the State -respondents, as also Sri Indrajeet Singh Yadav, who has accepted notice on behalf of respondent No. 5, Nagar Nigam, Moradabad (for short, the Nagar Nigam). With the consent of the parties, this writ petition is being disposed of at the admission stage itself without calling for any counter affidavit.
(2.) THE writ petition arises out of a suit under section 202 of the UP ZA and LR Act (for short the Act), read with Rule 176A(2) of the Rules framed thereunder, and is directed against the orders dated 19.7.2013 passed by the SDM, and the order dated 26.8.2014, passed by the Addl. Commissioner, affirming the order of the SDM. The facts of the case, briefly stated, are that Abdul Razzaq, father of the petitioners, was granted an Asami patta, and his name was, therefore, recorded under class 3. It appears that the eviction proceedings were initiated against him by the said Abdul Razzaq by means of a suit under section 202 of the Act. This suit, being Suit No. 9/76 -77, was decreed on 15.4.1977. Abdul Razaaq preferred an appeal before the Additional Commissioner against the judgement and decree, which was allowed and the judgement and decree were set aside.
(3.) IT is the case of the petitioners that the conditions specified in the appellate order were complied with and all the deposits that were required to be made, were duly made. It has also come on record that Abdul Razzaq died on 24.7.1980. It is further alleged that applications were filed by the petitioners, who are the sons of Abdul Razzaq, for recording their names over the land in dispute, but no orders have been passed in this regard.;