PANKAJ MITHAL,J. - (1.) Heard Sri Ajay Shankar, learned counsel for the petitioners, Sri Mahesh Narain Singh has appeared for respondent no. 4, Sri Saynendra Pratap Singh for respondent no. 5, 6 and 7 and learned Standing Counsel for respondents no. 1, 2 and 3.
(2.) The petitioners allege that they are in possession of plot no. 173 area 0.073 hectares, situate in village Khewali, Paragna Kaswarraja, District Varanasi for more than 40 -50 years and they have constructed a house over it. They have acquired rights as owner over it under Section 123 of the U.P.Z.A. and L.R Act. The aforesaid land is therefore not open for allotment by the Gaon Sabha to any person on the basis of any incorrect revenue entry of the said land as naveen parti.
(3.) The land was said to be allotted to predecessor in interest of respondents no. 4, 6 and 7 on 15.06.1998.;