Binod Kumar Roy and Lakshmi Bihari, JJ. - (1.) Shri Mahadeoji and Shri Hanumanji, the two deities, through their Mutawalli Bindeshari Prasad, have filed this writ petition praying to quash the Notification dated 25.2.1991 under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') as contained in Annexure-3 and the Notification dated 20.6.1991 under Section 6 of 'the Act' as contained in Annexure-4. in so far as they relate to their 1.38 Acres of lands bearing plot No. 372/2 (= 372/3 as per Khatauni) of Village Lalpur-II, (Meerapur Bashi) Pargana Shivpur, Tehsil and district Varanasi. Their further prayer is to command the respondents not to dispossess them from their aforementioned lands and to demolish construction made thereon or acquire them.
(2.) Vide order dated 8.8.1991, time was granted to the respondents to file counter-affidavit and the Court directed that 'the petitioner shall not be dispossessed from the land in dispute, if he has not already been dispossessed therefrom.' "2.1. Thereafter vide order dated 6.3.1998, this writ petition was admitted as even though "more than six and a half years have elapsed the said respondents have not cared to file counter-affidavit."
(3.) In the supplementary counter-affidavit filed on 31.8.1999 which has been sworn by Sri R. Y. Mlshra, the Additional City Maglstrate-IV In-charge/Special Land Acquisition Officer (J.O.) Varanasi, it has been stated that pursuant to the interim order of the Court, possession of the land in question was not taken. 3.1. No affidavit in opposition has been filed by respondent No. 4 to the statement made by respondent Nos. 1 to 3 in this supplementary counter-affidavit despite grant of opportunity. The Pleadings :;