( 1 ) THE petitioner has challenged the order dated 29th November, 1982 passed by the Additional commissioner in Objection No. 2/80/81, being Annexure-I to the petition.

( 2 ) THIS writ petition was dismissed by the order dated 5th March. 1998 by this Court.

( 3 ) THE petitioner has filed an application for recalling the said order dated 5th March. 1998 through Mr. S. P. Singh, learned counsel.

( 4 ) I have heard Sri S. P. Singh and Sri B. K. Srivastava learned counsel for the respondents on the application for restoration.

( 5 ) IT appears that sufficient ground has been made out for recalling the said order dated 5th march. 1998.

( 6 ) THE order dated 5th March. 1998 is, hereby, recalled.

( 7 ) AFTER the above order is recalled, both the learned counsel Insisted that the matter should be taken up for hearing. With the consent of the parties learned counsel, the matter is treated to be on the list of date and is taken up for hearing.

( 8 ) I have heard Sri S. P. Singh learned counsel for the petitioners and Sri B. K. Srivastava, learned counsel for the respondents at length. Mr. S. P. Singh contends that the land being surplus land belongs to the Gaon Sabha and the