Mahesh Chandra Tripathi, J. - (1.) Heard Sri Ashok Nath Tripathi, learned counsel for the petitioners and Sri Rajesh Kumar, learned Standing Counsel for the State-respondents.
(2.) The petitioners are before this Court for issuing a direction to respondent nos. 2, 3 and 4 to mutate the name of the petitioners' in revenue records in pursuance of the judgement and order dated 06.05.2009 passed by this Court in Civil Misc. Writ Petition No. 55033 of 2008 (Kanhai Lal and others Vs. State of U.P. and others) and Civil Misc.Writ Petition No. 56178 of 2008 (Masuria Deen and others Vs. State of U.P. and others) in Arazi No. 13, 15, 17, 19, 20, 21, 22, 23 and 24 village Dadanpur and Arazi No.7 in village Shaha alias Pepal Gaon, Tehsil Sadar, District Allahabad.
(3.) The record in question reflects that Kanhai Lal along with Dashrath Lal both sons of Baijnath along with Urmila wife of Ramesh had filed Writ Petition No. 55033 of 2008 assailing the validity of the order dated 23.7.2008 passed by the District Magistrate, Allahabad wherein he had observed that proceeding under Section 10 (5) of the Urban Land (Ceiling and Regulation) Act, 1976 (in short "Act, 1976") has already been finalized and the disputed land in question has already been mutated in the State and as such the application for release of the said land could not be accorded in favour of the petitioners. It had also been asked that a direction may be issued to the respondents not to interfere in the peaceful possession of the petitioners. A categorical averment has been made in para 4 of the said writ petition that petitioners are under possession of the Area 1299.65 and 9707.05 sq. mt. (which was declared under the ceiling proceedings as surplus land). Finally, the aforesaid writ petition was taken up before the Division Bench of this Court and the same was allowed vide judgement and order dated 6.5.2009 in light of the judgement passed by the Division Bench of this Court in Civil Misc.Writ Petition No. 56178 of 2008 (Masuria Deen and others Vs. State of U.P. and others).;