The judgment established the fundamental right to shelter and emphasized the unlawful dispossession of the petitioners, highlighting the violation of their constitutional rights.

JUDGMENT :

(J.J. Munir, J.)

Heard Mr. Vineet Kumar Singh, learned Counsel for the petitioners and Mr. Abhishek Shukla, learned Counsel appearing on behalf of respondent Nos. 1 to 5. No one appears on behalf of respondent No. 6. Mr. Ramendra Kumar Yadav, Advocate holding brief of Mr. Rishabh Srivastava, learned Counsel for respondent No. 7, is present.

2. This writ petition has been instituted, praying that a writ of mandamus be issued, commanding the respondents to restore the petitioners' possession in Plot No. 53, admeasuring 100 square yards each, being two plots of the same size situate at Village Alinagar Kenjra, Tehsil Sadar, District Firozabad, of which they are the lawful allottees vide an awasiya patta dated 04.02.1976 granted in favour of the petitioners' predecessors-in-interest.

3. It is common ground between parties that the first petitioner's father, Ramji Lal and the second petitioner's father, Keshav Dayal, were both granted an awasiya patta each by the Land Management Committee, Gram Panchayat Alinagar Kenjra, District Firozabad on 04.02.1976, both residential plots being located in Plot No. 53. Each plot measured 100 square yards. A photostat copy each of the two awasiya patta in Z.A. Form 49-D drawn up in accordance with Rule 115L of the Uttar Pradesh Zamindari Abolition and Land Reform Rules, 1952,['the Rules of 1952' for short] are annexed as part of Annexure-1 to the writ petition.

4. Apart from the petitioners' predecessors-in-interest, 136 other residents of the village were also granted residential patta of an identical area, all comprised in Plot No. 53. All the patta numbering a total of 138, including that granted to the petitioners' predecessors, came to be approved by the competent authority. The petitioners predecessors were put in possession of their respective residential plots. The validity of the awasiya patta granted in favour of the petitioners' predecessors as well as the other 136 similarly circumstanced patta holders was questioned through proceedings initiated under Rule 115P of the Rules of 1952 at the instance of the State. The case was registered as Case No. 26 of 1982-83. Show-cause notices were issued to the petitioners' predecessors under Rule 115P aforesaid, and 84 allottees entered appearance to contest those proceedings. The petitioners' predecessors, like the others who contested, put in their objections and defended the allotments. After hearing parties and going through the record, the Additional Collector (Administration) Firozabad passed an order dated 25.07.1985, discharging the notices issued to the petitioners' predecessors as also all other similarly circumstanced allottees, who were granted a residential patta on 04.02.1976. The Additional Collector recorded a finding to the effect that the allottees have deposited a sum of money equal to 40 times the land revenue payable and raised constructions on the land allotted to each of them. He declined to disturb the allotment, including those made in favour of the petitioners' predecessors.

5. Aggrieved by orders of the Additional Collector dated 27.05.1985, the State of U.P. preferred Revision No. 425 of 1984-85 under Section 333A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950,['the Act of 1950' for short] to the Commissioner, Agra Division, Agra. The Additional Commissioner, before whom the revision came up, made a reference to the Board of Revenue that the order dated 25.07.1985 passed by the Additional Collector be set aside. This order was made by the Additional Commissioner on 30.07.1986. The reference was numbered as Reference No. 66 of 1986-87 on the file of the Board of Revenue, U.P. at Allahabad. The Member, Board of Revenue vide judgment and order dated 19.09.1985, rejected the reference made by the Additional Commissioner, set aside his order dated 06.07.1986 and remanded the revision to the Additional Commissioner for decision afresh. Revision No. 425 of 1984-85 came up before the Additional