Since the controversy involved in both the writ petitions is similar and subject matter of both the writ petitions is the same land measuring 67 Acre, 15 Biswa of Khasra No. 148/5 of village Shahdaura, Tahsil Kichcha, therefore, for the sake of convenience, they are being decided by this common judgment.

2. Both these writ petitions were preferred by Smt. Sheela Devi, daughter of late Madan Gopal, resident of village Sahadoura, Tehsil Kichha, district Nainital, who died during the pendency of writ petitions, and she was substituted by petitioner no. 2 1/1 Raman Rekhi and petitioner no. 1/2 Aman Rekhi, sons of Jagdish Gopal vide order dated 5-6-2006 passed by this Court. The respondent no. 4 Jagdish had also died during the pendency of writ petition no. 4837 of 2001. His name has been deleted by order dated 27-10-2006 passed by this Court.

3. At the outset, it may be mentioned that the land measuring 10.8 Hectares of respondent no.4- Jadgish was declared surplus by the Prescribed Authority by his order dated 28-7-1980. According to the petitioner Sheela Devi (since deceased), the said surplus land included the land measuring 67 Acre, 15 Biswa of Khasra No. 148/5 of Khatauni Kh