Sheo Kumar Singh, J. - (1.) Heard Mr. S.K. Kalia, learned Senior Advocate, assisted by Mr. Arvind Kumar, learned counsel for the petitioner, Mr. Vinay Bhushan, learned Additional Chief Standing Counsel for the State and Mr. Ravindra Pratap Singh, learned counsel for respondent no.3.
(2.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ, order or direction in the nature of mandamus commanding the opposite parties to remove the encroachment from the land Gata No.618-Kha and after removing the Board or iron khokha from the land, to handover peaceful possession of the land to the petitioner.
(3.) The brief facts giving rise to filing of the present writ petition are that previously Gata No.618-Kha was entered in the name of Shri Shyam Lal Sharma and Shri Pritam Ram Sharma in the revenue records and the petitioner had purchased the agricultural land i.e. Gata No.618-Kha from the aforesaid persons through a registered sale deed dated 28.03.2006. The original number of Gata No.618 was 231/12 and later on after the consolidation operation it was divided into six parts and the same was recorded in CH Form 41 prepared under Rule 93 of the U.P. Consolidation of Holdings Rules, 1954. On the basis of records, the land i.e. Gata No.618-Kha, which was in the names of Shri Shyam Lal Sharma and Shri Pritam Ram Sharma, was purchased by the petitioner through the registered sale-deed and after mutation proceedings, the name of the petitioner was recorded in the revenue records.;