- (1.) Heard learned counsel for the petitioners, learned Standing Counsel for opposite parties no. 1 and 2, Sri Jai Kumar, learned counsel for opposite party no.3, Sri Hom Narayan Awasthi, learned counsel for opposite parties no. 4 and 5 and perused the record.
(2.) Learned counsel for the petitioners, for the purpose of interim relief, submits that a proceedings under Section 9A(2) of the U.P.Consolidation of Holdings Act, 1953 has been initiated by the State / Goan Sabha . Accordingly, a Case No.127 ( State Vs. Dhanpata) has been registered before Consolidation Officer, Sadar (II) Bahraich, who by means of order dated 11.4.2013 has reserved Gata No. 300/2/0.162 for Ambedkar Park and cancelled Gata No.384/460/0.162 and Gata no.300/0.081 which were reserved for Anusuchit Jati Abadi and re-reserved Gata no.333 Min./0.081 for Anusuchit Jati abadi in village Udharhana Sarhadi Pergana and Tehsil and District Bahraich.
(3.) Learned counsel for the petitioner submits that the order dated 11.4.2013 has been challenged by opposite parties no. 4 and 5 by filing appeal before Settlement Officer Consolidation, Bahraich. However they had not impleaded State of U.P./ Gaon Sabha as party in the appeal which are necessary for adjudication of the case. In this regard, learned counsel for the petitioners has produced a certified copy of the appeal filed by opposite party no. 4 and 5 before Settlement Officer Consolidation, Bahraich.;