OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S. N. Verma senior advocate, assisted by Sri Sharad Malviya, on behalf of the petitioner, Sri S. K. Saxena on behalf of respondent No. 3, and Sri S. M. A. Kazmi, Chief Standing Counsel on behalf of respondent Nos. 1 and 2.

(2.) Petitioners, who are two in numbers, claim themselves to be the owners and in possession of land covered by Khasra Nos. 2946/.08, 2947/.41, 2948/84, 2949/,89, 2950/.14, 2951/.31, 2952.43, 2953/1.02, 2954/.82, 2955/.03, 2956/1.09, 2957/.16, 2960/.29, 2961/.46, 2962/.37, 2963/.46, 2964/.68 and 2965/.35, as mentioned in paragraph 2 of the writ petition. It is further claimed that the name of the petitioners are also recorded in the relevant revenue records in respect of the aforesaid" land. The petitioners, however, in Order to establish their title filed a suit for declaration under Section 229B of the U. P. Zamindari Abolition and Land Reforms Act, which was registered as Suit No. 34 of 1984-85.' The suit as filed by the petitioners was decreed ,by the trial court by means of the Order dated 21st June, 1985 and the petitioners were declared to be the owners of the land in question.

(3.) The Gaon Sabha of village Birjapur, tehsil and district Mathura, not being satisfied by the aforesaid judgment of the trial court, preferred an appeal before the Commissioner, Agra Division, Agra, which was registered as Appeal No. 100 of 1984-85. The appeal so preferred by the Gaon Sabha Birjapur, Mathura was allowed by the Additional Commissioner vide Order dated 7.7.1987 and the judgment and decree passed in favour of the petitioners by the Sub-Divisional Officer was reversed.