CHOB SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The first prayer of the petitioners is to quash the order dated 13.9.1995. passed by the Sub-Divisional Magistrate, Mant, district "Mathura in substance the English translation of which reads thus :

(2.) The petitioners describe the disputed land as a piece of land lying at a distance of about one hundred meters from their residential houses which is in their possession since the time of ancestors where they and their brothers used to keep cattle, cattle fodder, agricultural equipments and there also exists cattle sheds and wooden huts, etc. and they became absolute owners thereof with enforcement of the U. P. Z. A. and L. R. Act. From the averments made in the writ petition, it transpires that the petitioners had filed a suit for grant of injunction in which they had also filed an application for grant of an ad interim injunction on which. however, no order in their favour had been passed. The impugned order has been passed on a frivolous petition filed by respondent No. 4 the village Pradhan who was opposed in the election by them. Respondent No. 4 by filing a counter has disputed the claim of the petitioners by stating, inter alia, that there are long standing entries pertaining to title of the Gaon Sabha lands ; that the affidavits are manipulated ones ; that the Pleader Commissioner's report do not support their alleged case ; and that they were not allowed to grab the property on 13.9.1995.

(3.) Heard learned counsel.