- (1.) S. U. Khan, J. Heard learned Counsel for the parties.
(2.) PROPERTY in dispute is situate in a village of Tehsil Chibra Mau. Before 17-9-1997 the said Tehsil was included in District Farrukhabad and thereafter it was included in District Kannauj. On 17-9-1997 a recommendation was made by Additional District Magistrate to the District Magistrate, Farrukhabad and on the next date i. e. 18-9-1997 District Magistrate, Farrukhabad passed an order which is contained in Annexure-3 to the writ petition. In the said order it is mentioned that Pradhan of the village had given an application stating therein that about two to two and half years before previous Pradhan and previous Lekhpal had prepared a fake allotment file of land of Gram Sabha of the said village and proceedings were being initiated on the basis of the said file at the time of giving the application by Pradhan. Report was called for from the Tehsildar who submitted the report on 12-9-1997 and stated that allotment in favour of 49 persons was shown to have been approved by R. N. Singh, Deputy Collector on 22-2-1995 while at that time the job of the Deputy Collector was being performed by the then Additional District Magistrate. The District Magistrate held that from the perusal of file it was clear that entire file had subsequently been prepared in a forged and fake manner (farji) hence it was not possible to affect mutation and delivery of possession on the basis of the said file. According to the petitioners Land Management Committee passed the resolution on 7-2-1995 allotting different portions of Gram Sabha land to 49 selected persons. This writ petition has been filed by 72 persons i. e. by the surviving allottees and legal representatives of deceased allottees. Through Annexure-5 to the writ petition copies of reports of Lekhpal, Supervisor, Kanoongo order of Tehsildar, Second report of Supervisor, Kanoongo, Second order of Tehsildar, order of R. N. Singh have been filed. Copies of some more documents pertaining to allotment like Z. A. Form No. 57-B have also been filed. Thereafter petitioners filed restoration application for recalling the order dated 18-9-1997. The application was filed on 24-2-1998. Alongwith restoration application stay application was also filed. Collector, Kannauj dismissed the stay application through order dated 3-8-1998. Against the said order rejecting the stay application revision was filed being Revision No. 34 of 1998. On the revision notice was issued by Commissioner, Kanpur Division, Kanpur on 11-8-1998 and it was directed that stay application would be considered after receipt of the file of the Court below. Afterwards the revision was dismissed as not maintainable on 29-10-1998. Said order has been challenged through this writ petition. Orders passed by Collectors, Farrukhabad and Kannauj dated 18-9-1997 and 3-8-1998 have also been challenged through this writ petition.
(3.) LEARNED Counsel are not aware about the fate of restoration application filed by the petitioner. In the counter-affidavit in para-18 it has been stated that the land has been allotted to 52 deserving candidates by Land Management Committee through resolution dated 30-3-1998.;