- (1.) This petition has been filed with a prayer that the respondents be restrained from raising constructions in Khasra Nos.29, 33, 34, 59, 69, 75, 76, 77, 78 and 80 area 38 bighas and 10 biswas in Village Bisrakh Jalalpur, Tehsil Dadri, District Gautam Budh Nagar and to restore the physical possession of the aforesaid plots to the petitioners.
(2.) It is stated that Brahmo Devi executed a sale deed on 12 February 1975 in favour of the father of the petitioners and five uncles but subsequently proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the '1960 Act') were initiated and an area measuring 38 bighas and 10 biswas was declared surplus by order dated 30 November 1977. The appeal, the writ petition and the Special Leave Petition were dismissed. Option was subsequently exercised which was allowed by order dated 3 June 1981. The father of the petitioners filed an application for setting aside the order dated 3 June 1981 but this application was rejected by order dated 31 December 2012. This order has been assailed by the petitioners in Writ Petition No.25754 of 2013 which is said to be pending.
(3.) It is alleged that during the pendency of the aforesaid writ petition, the respondents have taken possession of the land which the father and uncles of the petitioners purchased from Brahmo Devi in 1975. This petition has, accordingly, been filed for restraining the respondents from raising any construction on the said plots and for restoring possession.;