AKHTAR ALI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri B.P. Singh learned Senior Counsel for the petitioners and Sri. A.K. Roy for the respondent 3 to 5, and the learned Standing Counsel for the respondent Nos. 1 and 2.

(2.) As noted in the order passed by this court yesterday, the respondent no. 6 has already been served with a notice but no one has put in appearance on its behalf. Affidavits have been exchanged between the contesting parties and the matter therefore with their consent is being proceeded with to be disposed of finally.

(3.) The dispute giving rise to the present writ petition arises out of a suit under Section 229-B of the U.P. Z.A. & L.R. Act, 1950 filed by the petitioners for a declaration in respect of the holding in question. The suit was dismissed on 18th September, 1985. An appeal was preferred against the same which was allowed on 6th May, 1987 and the matter was remanded back to the trial for decision afresh. A copy of the said judgment is Annexure -1 to the counter affidavit filed on behalf of the contesting respondents. After remand the suit was decreed on 11th September, 1987, copy whereof is Annexure 2 to this writ petition.