- (1.) The petitioners are sixteen in number. They have instituted this writ petition under Article 226 of the Constitution for a direction upon the respondents restraining them from demolishing the construction raised by the petitioners in arazi Nos. 61, 62, 63, 982, 983 and 984, Lahartara, Phulwaria, Varanasi.
(2.) Briefly stated the facts are that the petitioner no. 1 is a retired Flying Squadron Leader from Air Force. His grandfather late Ravi Shiv Prasad was a zamindar in Lahartara, District Varanasi. The petitioner nos. 2 to 16 have purchased the land by a registered sale deed from grandfather of petitioner no. 1. Their residential houses have been constructed in the campus of D-65/462, (over Arazi Nos. 61, 62 & 63), Amla Nagar, Lahartara, District Varanasi.
(3.) It is stated that all the constructions in the said campus are about 60 to 80 years old. All the petitioners are paying house tax to Nagar Nigam. It is stated that sometimes in the year 1910, when there was expansion of G.T. Road a settlement was arrived at between the District Magistrate, Varanasi; the Executive Engineer, Public Works Department, and the then zamindars, namely, Rai Shiv Prasad and Rai Shambhu Prasad. Copy of the maps are on the record as annexure-1 to the writ petition.;