Yashwant Varma, J. - (1.) Heard Shri Nipun Singh, the learned counsel for the applicant and Shri Neeraj Upadhyaya, the learned Additional Chief Standing Counsel.
(2.) The applicant had instituted a writ petition in which primarily the following relief was claimed :- "to issue a writ, order of direction in the nature of mandamus directing the respondent no. 2 and 3 to deliver the possession of the petitioners plot bearing plot no. 52M aea 1.268 hectare, Plot No. 52M area 1.265 hectare, Plot No. 1.303 hectare, Plot No. 44, 45, 11M area 1.265 hectare and plot no. 49M area 1.265 hectare situated in village Chak Mangraula, Pargana & Tehsil Dadri, District Ghaziabad to the petitioners expeditiously within a time bound period as maybe directed by this Hon'ble Court."
(3.) The dispute itself had arisen in the backdrop of the claim of the applicants that they had been allotted land which had been declared surplus in ceiling proceedings and yet had not been inducted into possession. The land having been declared as surplus and the allotment of the surplus land in favour of the applicants was not disputed before the writ Court as is evident from the following extract of the judgment :- "A counter affidavit is filed on behalf of respondent nos. 2 and 3 in which factum of declaration of land in question as ceiling surplus at the hands of father of respondent no. 4, the then recorded tenure holder, is admitted. Allotment of land in favour of petitioners is also not disputed. It is stated in para 20 that the process of delivery of possession was not actuated due to pendency of Court cases from time to time.";