POORAN SINGH Vs. DISTRICT JUDGE PILIBHIT

JUDGEMENT

(1.) R. K. Agarwal, J. The petitioners Pooran Singh, Basant Singh and Harcharan Singh sons of Sardar Kartar Singh have filed the present Writ Petition seek ing a writ, order or direction in the nature of certiorari quashing the impugned orders dated 16-11-1988 passed by the S. D. M. Pilibhit respondent No. 2 filed as Annexure 12 to the writ petition and the order dated 21-7-1992 passed by the District Judge Pilibhit in Misc. Civil Appeal No. 40/90 of 1998 filed as Annexure 13 to the writ petition. By the order dated 16-11-1988 the S. D. M. Pilibhit had restrained the petitioners from interfering with the dis puted land in any manner. The appeal filed by the petitioners has been dismissed by the District Judge, Pilibhit.

(2.) BRIEFLY stated the facts giving rise to the present writ petition are as follows.

(3.) ACCORDING -to the petitioners without issuing any fresh notice as directed by the prescribed authority vide order dated 5-2-1976 the ejectment of the petitioner was ordered on 27-8-1976, against which the petitioners preferred an appeal being Civil Appeal No. 32 of 1976 before the District Judge, Pilibhit. The District Judge, Pilibhit vide judgment and order dated 14-10-1976 partly allowed the appeal and quashed the order imposing damages on the petitioners. He however, affirmed the order passed by the prescribed authority directing eviction of the petitioners from the plots in question. However, he issued certain direction, which is reproduced below- "it is, however, directed that while execut ing the order of eviction, the prescribed authority shall ensure that the dispute premises are duly demarcated by process of measure ments and otherwise, before the appellant is made to quit and vacate such premises. "