NASIR ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) The three petitioners have come together and instituted the present writ petition, because their distinct and individual causes of action are not different. The causes of action of the petitioners involve common question of facts and law, prompting them to combine against the same set of respondents, against whom they want relief. In substance, the petitioners' prayer is two fold: firstly, that the respondents be commanded by a mandamus not to demolish the petitioners' houses, standing over their respective plots of land until consideration of their case by the respondents, canvassed through a representation dtd. 31/5/2022; and secondly, an order restraining the respondents not to interfere with the petitioners' peaceful possession over their respective plots of land, except in accordance with law.

(2.) The facts giving rise to this petition are these: Nasir Ali, the first petitioner is a resident of Village Harungala, Post R.K. University, District Bareilly and currently resides at Village Dohariya, Tehsil and District Bareilly. The second petitioner, Smt. Hasina is a resident of Village Chandpur Bichpuri, Tehsil and District Bareilly and presently resides at Village Dohariya, Tehsil and District Bareilly. The third petitioner, Smt. Taslim Jahan is a resident of Jagatpur, Nai Basti, Talab, Bareilly and presently also resides at Village Dohariya, Tehsil and District Bareilly. The first petitioner purchased a plot measuring 83.61 square meters, located in Village Dohariya from one Anwar Miyan son of Mohd. Taqi Painter through a registered sale deed dtd. 7/5/2018. The said plot is located in Khasra No. 58 of the village. It was purchased by Anwar Miyan from the original recorded owner of the land, Naresh son of Gendan Lal through a registered sale deed dtd. 18/1/2004. The second petitioner, Smt. Hasina purchased a plot measuring 167.22 square meters, also part of Khasra No. 58 of Village Dohariya from Naresh son of Gendan Lal, through a registered sale deed dtd. 17/11/2011. The third petitioner, Smt. Taslim Jahan purchased a plot measuring 83.61 square meters, part of Khasra No. 60 of Village Dohariya from Riyasat Ali and Anis Ahmad, sons of Mohd. Bachchan, through a registered sale deed dtd. 30/7/2019. Riyasat Ali and Anis Ahmad, vendors of petitioner No. 3, had in turn purchased the land from one Lal Bahadur through a registered sale deed dtd. 11/10/2010. It is asserted that the name of Lal Bahadur continues to be recorded in the revenue records, relating to Khasra No. 60.

(3.) It is the petitioners' case that they are in continuous and uninterrupted possession of their respective plots, whereon they have raised their residential houses in the years 2018, 2011 and 2019, respectively. The petitioners live in the said houses along with their families. It is also asserted that the name of Naresh, son of Gendan Lal, the original owner of Khasra No. 58, whose rights ultimately petitioners Nos. 1 and 2 had purchased, continues to be recorded in the revenue records. The land comprising the plots of each of the three petitioners, two located in Khasra No. 58 and one in Khasra No. 60 of Village Dohariya, Tehsil and District Bareilly, shall hereinafter be collectively referred to as 'the land in dispute'.