BHIKHA Vs. ADDL.COMMISSIONER JUDICIAL II GORAKHPUR DIV.

JUDGEMENT

(1.) Heard Shri R.C. Singh and Shri Gopal Srivastava, learned counsel for the petitioners, learned standing counsel for the State - respondents and Shri K.K. Yadav, for the private respondents.

(2.) The present writ petition has been filed for the following, amongst other, relief:-

(3.) It is submitted by the learned counsel for the petitioners that the petitioners are in possession over plot no. 150-M area 1 biswa and plot no. 151 area 3 biswa (new plot no. 264 area 4 biswa) situated in Mauza - Shiwapar, Tappa - Naudaha, Pargana - Mahuli Purav, Tehsil - Khalilabad, District - Basti. It is further submitted that the petitioners are landless agricultural labourers belonging to scheduled castes. They are old inhabitants of the village in question and their house 'Sahan' etc. is situated in a portion of the land in dispute and the remaining area of the land in dispute stood settled with them under section 9 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'the Act of 1950'). It is further submitted that the petitioners are in possession over the land in dispute and by virtue of the provisions contained under section 123 of the Act of 1950, they became statuary tenant and therefore, they cannot be evicted.