Hon’ble Amitava Lala, J.—Gopalpur Co-operative Farming Society Limited, District Mirzapur, which is a society constituted and registered under the Uttar Pradesh Cooperative Societies Act, 1912, is the petitioner No. 1 in this writ petition and the petitioner No. 2 is its Secretary. They have filed the present writ petition seeking for the following reliefs:

“(i) issue a writ, order or direction or writ in the nature of mandamus declaring all the proceedings held of mutation for recording the names of the private respondent Nos. 11 to 86 as well as all the transactions held by the members or the successors in favour of the private respondents as well as the decree, passed under Section 229B dated 26th April, 1972 without impleading the petitioner society, as null and void and the respondent Nos. 3 to 7 be directed to correct the entry in the Revenue record by incorporating the name of the petitioner and deleting the names of private respondent Nos. 11 to 86 and they also directed to restrain private respondents to interfere in the possession of the petitioner society over the land in question of 7252 Bigha of village Gopalpur and 2103 Bigha of village Bidauli, District Mirzapur;

(ii) issue a writ, order or direction or writ in the nature of mandamus directing the District Magistrate, opposite party No. 3 to ensure that no excavation of mud and minerals be made over the land of the petitioner society and strict action be taken against the private respondents or any person doing such work and similarly District Forest Officer-respondent No. 9 and Senior Superintendent of Police-respondent No. 10 be directed that no person including private respondents be permitted to cut the trees or interfere in the physical possession of the petitioner society over the land in question;

(iii) issue any other appropriate writ, order or direction in favour of the petitioners as the Hon’ble Court may deem fit in the circumstances of the case; and

(iv) award the costs of the petition to the petitioner.”

2. Briefly stated facts giving rise to the present writ petition are that the petitioner society was formed consisting of 17 members and was registered on 19th January, 1951. For the purpose of forming society, the lands measuring areas 7583-11-15 Bighas of Village Gopalpur and 2103-12-00 Bighas of Village Bidauli, District Mirzapur were taken on Patta (lease) by its Zamindars Sri Amresh Chandra Pandey and Sri Naresh Chandra Pandey on 08th January, 1951 and were pooled in the society. On 8th January, 1957 a joint sale-deed was executed by the aforesaid Zamindars in favour of all the 17 members of the society with regard to the aforesaid lands. In 1362 Fasli the name of the society alongwith individual members of the society was mutated over the aforesaid lands and was recorded as such in 1363-1368 Fasli, which entry continued upto 1368 Fasli. However, it appears that revenue authorities left the name of the petitioner society in the revenue record of 1369 Fasli. On 05th April, 1966 the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act No. 11 of 1966) (hereinafter in short called as the ‘’Act, 1965') was enacted, under which Act also the petitioner society got its registration renewed. The Act, 1965 by its Section 134 repealed Sections 295 to 318 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter in short called as the ‘’UPZA & LR Act’) that dealt with the activity of Co-operative Farms being carried by a Co-operative Farming Society. The provisions incorporated under Sections 295 to 318 of the UPZA & LR Act were omitted and included in Sections 77 to 90 of the Act, 1965 by including the said business activity and other matters relating to Co-operative Farming Society in Chapter- XI of the Act, 1965. On 15th October, 1970 certain suits were filed before the Revenue Court under Section 229-B of the UPZA & LR Act individually by the heirs of some of the members of the society without impleading the society.