SANKATHA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petition ers, learned Standing Counsel appearing for the respondent and perused the record.

(2.) LEARNED Counsel for the petitioners restricts their prayer only to the extent that the representation of the petitioners may be decided to which learned Counsel for the respondents have no objection.

(3.) WE cannot record any finding here as it relates to totally factual pos session on the spot. Therefore, we direct the Collector, Varanasi to make a fresh independent inquiry as to whether the petitioners are in actual physical possession for which the Collector will record the oral evidence of the neigh bours and examine other evidence relevant for deciding the issue relating to the actual physical possession of the petitioners. The Collector shall also examine the title of the petitioners qua the disputed land. If, it is, found that the peti tioners possess the title and are in actual physical possession of the land in question they shall not be dispossessed and the land shall not be treated as va cant land.