ASHOK KUMAR SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) PARITOSH K. Mukherjee, J. Ashok Kumar Saxena and four others have moved this writ petition, inter alia, praying for is suance of a writ of mandamus commanding the respondents-authorities net to disturb the possession of the petitioners over the land in dispute on the basis of notification dated 9-1-1991, and, a writ of certiorari, quashing the impugned notification dated 9-1-1991, which is contained in Annexure 11 to the Writ petition.

(2.) BRIEFLY stated, the facts, as narrated in the writ petition, are that the controversy involved in the present case relates to an area of 0. 40 acres of land of plot No. 211, situated in village Jungle Salik Ram, Tappa Khuthar, Pargana Haveli, Tehsil Sadar, dis trict Gorakhpur.

(3.) IT is further case of the petitioners that when the aforesaid order was passed neither notification under Section 10, nor notification under Section 10 (3) were is sued. Therefore, no portion of plot No. 211 could be deemed to have been vested in the State Government.