Writ jurisdiction under Article 226 cannot resolve disputed title and possession over land; civil suit is appropriate remedy. Section 23(1)(a) of U.P. Zamindari Act bars recognition of post-1948 transfers only for rehabilitation grant, not rendering them void.

JUDGMENT :

Amitabh Kumar Rai, J.

1. Heard Shri Sudeep Seth, learned Senior Advocate assisted by Shri Mohd. Hayan Hasan, learned counsel for the petitioners, Shri Ram Kumar Singh, learned counsel for the Nagar Panchayat and Shri Prakhar Mishra, learned Additional Chief Standing Counsel appearing for the State-Respondent.

2. This writ petition has been filed by the petitioners with the following main prayers :

"(i) To issue a writ, order or directions in the nature of certiorari quashing the impugned order dated 6.8.2024 passed by the opposite party no.5/ Executive Officer, Nagar Panchayat, Belhara, District Barabanki contained in Annexure-1 to the writ petition.

(ii) To issue a writ, order or directions in the nature of Mandamus commanding the respondents especially the officials respondents no.2,3,4,5 and 8 to restore the possession of the land in question bearing Gata No.807 (old Gata no.1023) in favour of the petitioners and further not to change nature of property or make any kind of construction on the petitioners land in question Gata No.807 (old Gata no.1023), and further direct them to remove the board which has been affixed on the land of the petitioner, during the pendency of the present writ petition.

(iii) To issue a writ, order or directions in the nature of Mandamus commanding the respondents especially the officials respondents not to cancel/delete the name of the petitioners from the records of Nagar Panchayat and restrain the opp. parties from entering the land in the name of Nagar Panchayat/local bodies."

3. It is the case of the petitioners that the father-in-law of the petitioners, namely, Late Shri Abdul Sattar Khan, purchased the land bearing Gata No. 807 (old Gata No.1023), measuring 6,695 sq. ft., from Mrs. Rani Kanij Abid of Riyasat Belhara situated at Bakariya Tola, Ward No.03, Belhara, District Barabanki through a sale receipt dated 31.08.1950. Ever since the said purchase, the petitioners and their family members have been in peaceful and continuous possession of the aforesaid land.

4. It has been submitted that respondent No.5, the Executive Officer, Nagar Panchayat, Belhara, District Barabanki issued two notices dated 29.04.2024 to both petitioners, calling upon them to submit documentary evidence in support of their ownership of the aforesaid land within a period of fifteen days alleging therein that the petitioners, on the basis of incorrect information during the course of the survey, got the land in question registered in the register of house tax/water tax.

5. In response thereto, the petitioners submitted a detailed reply dated 10.05.2024 asserting that the land in question had been purchased by their father-in-law and that they are the lawful owners thereof. Along with the said reply, documents relating to title and possession were annexed and several other grounds were also raised opposing the proposed action contemplated under the said notices.

6. Despite the aforesaid reply, respondent no.5, the Executive Officer, Nagar Panchayat, Belhara, District Barabanki issued eviction order dated 13.06.2024 directing dispossession/eviction of both the petitioners, requiring them to remove the alleged encroachments from Gata No.807 within three days from the