JUDGMENT :

1. Heard learned counsel for the petitioners, Sri Hemant Kumar Pandey, learned counsel for the State as also Sri Dilip Kumar Pandey, learned counsel for the Gaon Sabha concerned.

2. Present petition has been filed for the following main reliefs:-

"Issue a writ, order or direction in the nature of CIRTIORARI to quash the impugned order dated 30-10-2023, 17.08.2023 passed by opposite party Nos. 1 & 2. Contained as Annexure No.1 & 7 to this writ petition.

Issued a writ, order or direction in the nature of MANDAMUS commanding the opposite parties not to disturb the peaceful possession of the petitioner during the pendency of this writ petition."

3. Brief facts of the case are to the effect that during pendency of the suit instituted under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short "Act of 1950"), pending as Case No. RST/00635/2019, Computerized Case No. T201910640200635 (Mullu vs. Sarju Prasad), an application under Order 7 Rule 11 of Code of Civil Procedure (in short "CPC") was filed by the petitioners and vide order dated 17.08.2023, the opposite party No. 2/Sub-Divisional Magistrate, Sadar, Sitapur, declined to dispose of the same. The orde