SALIL KUMAR RAI,J. - (1.) The present writ petition has been filed praying for a writ of mandamus commanding the respondent nos.2 and 3 to remove the alleged encroachments made by respondent nos. 5 to 11 over plot no.205 total area 0.154 hectare situated in village Sonvarsa alias Kasimabad, Pargana Jahurabad, Tehsil Mahmudabad (now Tehsil Kasimabad), District Ghazipur, which is recorded as Khalihan in the revenue record and is a Gram Sabha property.
(2.) It has been stated in the writ petition that orders dated 24.12.2007 and 30.11.2007 were passed by the concerned Assistant Collector, against the aforesaid respondent nos. 5 to 11 holding that the said respondents are illegal in occupation of the Gram Sabha property, and consequently the said respondents were directed to evict from the aforesaid plot.
(3.) From a perusal of the counter affidavit filed by the learned Standing Counsel on behalf of respondent nos. 5 to 11, it is also evident that restoration applications were filed by respondent nos. 5 to 11 before the Assistant Collector, Ghazipur stating that the orders dated 24.12.2007 and 30.11.2007 passed under Section 122-B of U.P.Z.A and L.R. Act were ex-parte orders, and passed without giving any opportunity of hearing to the aforesaid respondents and on the said restoration applications Case Nos. 00779/2018, 777/2018 and 782/2018 were registered in the Court of the Assistant Collector but the said cases were dismissed by the Assistant Collector vide his order dated 16.02.2018.;