OAK, J. : This petition under Art. 226 of the Constitution arises out of a proceeding under para 6 of Sch. V to U.P. Act No. 1 of 1951.

2. Jhaman Lal and two others are petitioners before this Court. Girdhari Lal and four others are respondents Nos. 2 to 6. The dispute between the parties relates to 32 plots situate in village of, district Mathura. At one time one Syed Mahammad was the tenant of these 32 plots. He migrated to Pakistan. The plots were declared as evacuee property. The evacuee property Department allotted the plots to respondent Nos. 2 to 6. The petitioners claim that they are Adhivasis of these 32 plots. So on 17-11-1954 they filed an application under S. 232 of the Act to recover possession over the plots. They claimed Adhivasi rights under Section 20(b)(i) of the Act on the ground that, they were recorded as 'occupants' in the village records for 1356 fassil. The revenue Court directed the petitioners to get a declaration of their alleged Adhivasi rights from the Custodian under para. 6 of Sch. v to the Act. In pursuance of that direction, the petitioners filed on 25-7-1956 an application in the Court of the Assistant Custodian of Evacuee Property, Agra Ci