Shishir Kumar, J. - (1.) Heard learned Counsel for petitioners and learned Standing Counsel.
(2.) Present writ petition has been filed challenging the orders passed by respondents dated 11.10.1991, 3.4.1986 and 5.4.1976 passed by respondent Nos. 1, 2 and 3 respectively.
(3.) The facts arising out of present writ petition are that plot No. 323 in dispute situated in village Parsa @ Parsauna, District Gorakhpur. Petitioners are in possession over an area of .81 and have got their Nad, Charan, Khuta and the same is being used as Sahan. During consolidation, an objection was filed on behalf of opposite party without impleading petitioners as party though petitioners were in actual physical possession of land in dispute and the same was used as Sahan. Respondent No. 3 i.e. Consolidation Officer, Gorakhpui passed an order dated 5.4.1976. Since petitioners have not been impleaded as party as such, have got no knowledge regarding the aforesaid order. Since petitioners came to know they immediately filed an appeal with an application under section 5 of Limitation Act claiming their right upon the said land with an allegation that petitioners are in possession of said land and the same is being used as Sahan, therefore, respondents have got no right on the land in dispute.;