Gopalji Mehrotra, J. - (1.) THESE petitions raised a common question of law and may be disposed of by one common judgment
(2.) THE applicants in all these three petitions took lease of some land for agricultural purposes in village Osa, tahsil Manjhanpur, District Allahabad from the then Zamindar of the village Sri Shyam Das. The Petitioners realised that they were not able to get a crop from the land inspite of their best efforts and spending a large amount of money. After the coming into force of the ZA and LR Act the land vested in the State Government and the Petitioners finding the land not profitable to them surrendered the land and made applications some time in April 1953 to the Tehsildar, Manjhanpur representing their intention that they had surrendered the land and they were no longer in possession. Certain proceedings were held by the Tehsildar which now transpires after a perusal of the papers filed along with the rejoinder affidavit and thereafter the orders passed were that "Amaldaramad be made and the records be filed." The Petitioners were, however, compelled to pay the land revenue of the year 1953 and 1954. On 29 -3 -1954 the Petitioners presented another application to the Tehsildar again expressing their intention and pointed out that they had already ~ surrendered the holdings. Inspite of their surrendering of their holdings in dispute certain lands of the Petitioners have been attached for payment of the land revenue in respect of the plots which were surrendered by the Petitioners. On these facts the present petitions have been filed and a writ of mandamus has been claimed directing the opposite parries to restrain from selling the applicant's property for arrears of land revenue relating to the disputed plots and further a writ of certiorari quashing the attachment orders against the Petitioners. Notices were issued to the Collector Allahabad and Tahsildar Manjhanpur and to the State of Uttar Pradesh and a counter affidavit has been filed in which it is stated that the applicants are sirdars of 83 bighas 19 biswas of land situate in village Osa Pargana Atharban Tehsil Manjhanpur District Allahabad and are liable to pay an annual land revenue amounting to Rs. 229/2/6 therefor under Section 242 and 243 of the UPZA and LR Act. As regards surrender, it is stated that it was never accepted and no orders were passed with the result that their names still continue to be recorded as sirdars in Khataunis of 1360 and 1363 Fasli. The liability of the payment of the land revenue would not cease so long as they continued to be recorded as sirdars and so long as the surrender is not accepted by the competent authority under Rule 167 of the rules framed under the UP ZA and LR Act 1950.
(3.) IN the rejoinder affidavit filed by the Petitioners it is asserted that certain documents have been filed which show that on the application made by the Petitioners notices were issued to the Gaon Sabha as well as to the State Government, and after the notices had been served orders were passed by the Tahsildar that effect should be given to the application. It appears that inspite of those orders the connections were not made in the papers. The contention of the Standing Counsel is that as he names of the Petitioners still continued to be recorded in the Khataunis of 1360 and 1363 Fasli as sirdars their liability to pay the land revenue has not ceased and that the surrender cannot be given effect to unless it has been accepted by the proper authority under Rule 167.;