- (1.) dated 31.03.2011 passed by the learned Single Judge in Civil Misc. Writ Petition No. 2428 of 1995 (Kaluwa & others v. State of U.P. and others) wherein learned Single Judge has proceeded to dispose of the writ petition in question by refusing to set aside the order declaring and taking surplus land and order dated 12.12.1994 through which land was allotted to the allottee.
(2.) Brief background of the case in brief is that proceedings for declaration of surplus land under U.P. Imposition of Ceiling on Land Holdings Act, 1960 has been initiated against Laxmi Prasad proposing to declare 4.83 acres irrigated land as surplus. Prescribed authority vide order dated 03.10.1986 took view that there was no surplus land. State Government went up in appeal, bearing Appeal No. 717 of 1986-87 and said appeal was allowed on 05.04.1988 and an area of 11.56 acres irrigated land equivalent to 28.9 acres general land was declared as surplus. Said order has been subjected to challenge in Civil Misc. Writ Petition No.11263 of 1988 and said writ petition has been pending before this Court with an interim order dated 20.05.1988, whereas State Government has come forward with the case that possession has been taken on 11.05.1988. Aforesaid land has been allotted to respondents no. 5 to 9 to the writ petition. This much is also clear that Civil Misc. Writ Petition No.11263 of 1988 had been dismissed in default on 12.09.2007. Thereafter, an application for recall of the order dated 12.09.2007 has been moved and said order has been recalled on 24.11.2010 and writ petition was restored to its original number, and during this period, petitioner-appellants filed Civil Misc. Writ Petition No. 2428 of 1995 (Kaluwa and others v. State of U.P. and others) before this Court with the following relief:- (i) To issue a writ, order or direction in the nature of certiorari calling for the records of the case and to quash ex-party proceedings by which the plot no. 3825 M of the petitioners has been included while declaring surplus land of the respondent nos. 10 and 11 and the exparty allotment proceedings of plot No. 3825 M of the petitioners situated at village Bhaisaundha Tehsil Karwi, District Banda in declaring the land of the Respondent Nos. 10 and 11 as surplus by the respondent nos. 3 and entries dated 12.12.1994 made by Tehsil authorities in Khatauni records, entering the names of Respondents no. 5 to 9. (ii) To issue a writ in the nature of mandamus directing the respondents No. 1 to 4 not to include the petitioners plot no. 3825 situated at Village Bhaisaundha Tehsil Karwi, District Banda in declaring the land of surplus land of the respondent no. 10 and 11 (transfer). (iii) To issue a writ order or direction in the nature of mandamus directing the respondents no. 1 to 4 not to proceed with the allotment proceedings in Plot No. 3825 situated at village Village Bhaisaundha Tehsil Karwi, District Banda. (iv) To issue a writ order or direction in the nature of mandamus directing the respondents not to dispossess the petitioners from plot no. 3825 situated at village Village Bhaisaundha Tehsil Karwi, District Banda. (v) To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (vi) To award the cost of the petition in favour of the petitioners.
(3.) Learned Single Judge has proceeded to turn down the request in question vide order dated 31.03.2011 and aggrieved petitioner-appellants are before this Court.;