ANJANI KUMAR MISHRA, J. - (1.) HEARD Sri Madan Mohan, learned counsel for the petitioners, Sri Ashish Kumar Srivastava, who has accepted notice on behalf of the Land Management Committee, respondent no. 4, and the learned Standing Counsel for the State -respondents.
(2.) THE instant writ petition, filed on 10.11.2014, seeks a writ of certiorari quashing the orders dated 9.10.2012 passed by the Addl. Commissioner (Administration, Agra Division, Agra, and the order dated 25.5.2004 passed by the Sub -Divisional Officer, Sadar, Firozabad, (the SDO) and is and has been reported to suffer from laches of one year and 307 days.
(3.) IT is the case of the petitioner that their father had constructed a house on plot no. 119, area 0.081 hectares, prior to 3.6.1985, and they have been residing therein. They had also constructed a house over plot no. 118, area 0.105 hectares, before 3.6.1985. The petitioners are residing in both the houses and, therefore, were entitled to the benefit of section 123(1) and (2) of the UP Zamindari Abolition and Land Reforms Act (the Act) over an area of 5250 sqf. The case was registered as Case No. 1 of 2011 -12, under section 123(1) of the Act (Sadam Singh and others Vs. Gaon Sabha). The defendant -respondents, upon receipt of notice of the said case, put in their appearance and filed their objection. In the objection, it was stated that a portion of plot no. 119 has been reserved for Ambedkar park. It was further alleged that the petitioners had sold their ancestral property two years ago and, therefore, were not entitled to the benefit under section 123 of the Act.;