SIBGHAT ULLAH KHAN,J. - (1.) HEARD learned counsel for the petitioners, learned Standing Counsel for respondent no. 1 to 3 and Sri D.D. Chauhan, learned counsel for Land Management Committee respondent no. 4.
(2.) WITH the consent of learned counsel for all the parties the writ petition is being disposed of finally at the admission stage. The case of the petitioners is that they were allotted Patta of the land in dispute by the Gaon Sabha in or before 1376 fasli and since 1376 fasli their names were continuing in the revenue records. Tehsildar, Mathura through ex parte order dated 20.10.09 directed that names of the petitioners should be expunged from the revenue records. In pursuance of the said order, their names were expunged from the revenue records and the effect of the order was mutated in Khatauni 1410-1415 fasli copy of which is annexed as annexure 2 to this writ petition. It was further directed that the land must be entered in the revenue record as reta (sand) Gaon Sabha.
(3.) SUCH drastic measure may be taken in exceptional case of pond or road etc. Accordingly the impugned order is set-aside on the following conditions:-;