JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Shri Ashish Kumar Singh, learned counsel for the petitioners, Mr. R.C. Singh, learned Senior Counsel assisted by Mr. Narayan Dutt Shukla and Mr. Rituvendra Singh, learned counsel for respondent nos. 5 and 6, Mr. Vinay Kumar Pathak, learned counsel for respondent no.4 and learned Standing Counsel for the State respondents.

2. Learned counsels for respondent nos. 4 to 6 submitted that writ petition be heard and disposed of finally without inviting any counter affidavit in the matter.

3. Brief facts of the case are that Village Sherwadeeh, Tappa- Banganwa, Pargana- Amroha, Teshil Haraiya, District Basti came under operation of U.P. Consolidation of Holdings Act, 1953 hereinafter referred to as U.P.C.H. Act long back. The Village in question has been denotified under Section 5 2 of U.P.C.H. Act in the year 1985. In the basic year of the consolidation operation, one Jamiluddin son of Rafiuddin was recorded in the khata No. 4 and Jamiluddin remained recorded in C.H. Form 45. After the death of Jamiluddin, the name of Maimuna Begum was recorded over the plot in question. According to contesting respondents, Maimuna Begum had executed a registered sal