A.F.R.

1. Heard Sri S.K. Pathak, learned counsel for the petitioners, Sri Amit Kumar Singh, learned counsel for respondent Nos.5, 6 & 8 and Sri L.M. Khare, learned Standing Counsel for respondent(s) – State.

2. The present writ petition has been filed on following prayer(s):

“i. issue a writ, erier or direction in the nature of Certiorari quashing the judgement and order impugned dated 3.7.2006 passed by the respondent no.2, Additional Commissioner (Hayayik) Faizabad Kandal, Faizabad in Revision No.2383-Sultanpur u/8 219 Land Revenue Act, 1901 parties being Bana Bahadur Singh & another Vs. Samar Bahadur Singh and others, contained in Annexure No.1 to this writ petition by summoning the records.

ii. issue a writ, order or direction in the nature of Certiorari quashing the impugned judgement and ornier dated 20.7.2004 passed by the respondent no.3, Additional District Magistrate (Administration Uper Collector, Sultanpur in Suit No.654/716/903/1016/ under Section 28 of the U.P. Land Revenue Act, 1901 parties being Samar Bahadur Singh Vs. State, contained in Annexure No.2 by summoning records.

iii. issue a writ, order or direction in the nature of Mandamıs commanding the respondent no.3 and 4 to make a survey in accordance with the Provisions of U.P. Land Revenue Act 1901 by measuring the Gata No.764 in a straight manner from North to South instead of measuring in a triangular manner from north to south. Consequently, enhancing the land of Gata No.763 of the respondent no.5, by 4 Dhairs than the required land of the respondent no.5.

iv. Any other writ, order or direction under interim Mandamus may kindly be passed in consequence of the case.

v. The cost of the proceedings may kindly be awarded in favour of the Writ Petitioners.”

3. Factual matrix of the case is that the petitioners purchased land bearing Gata No. 764, situated at Village Nara, Gram and Post Adhanpur, Tehsil Musafir Khana, District Sultanpur from Shri Faiz Bux by means of a registered sale deed dated 24.11.1990. After purchase of the aforesaid land, the petitioners came to know that respondent no.9, namely, Shri Surendra Pratap Singh had illegally constructed a house over the land belonging to the petitioners.

4. Consequently, the petitioners instituted Original Suit No. 693 of 1996 before the Court of Civil Judge (Junior Division), North, Sultanpur, seeking demolition/removal of the house bearing House No. 762, which had allegedly been illegally constructed by respondent no. 9 over the petitioners' land. The said suit is still pending. During the pendency of the aforesaid suit, the petitioners purchased the said house from respondent no.9.

5. Respondent no.6, namely, Mohd. Riyaz, who was a tenant of respondent no.9, Shri Surendra Pratap Singh and was occupying half portion of the aforesaid house bearing No.762-B, instituted Original Suit No. 1483 of 1997, which is also pending consideration.

6. It is mentioned that respondent no.6, namely, Mohd. Riyaz, respondent no.5, namely, Samar Bahadur Singh, respondent no.7, namely, Ram Sumiran, and respondent no.8, namely, Sharda Prasad, were owners of different portions of land bearing Gata No. 763 and had been intimidating the petitioners and attempting to encroach upon the petitioners' land.

7. In order to protect their rights and possession over the disputed land, the petitioners instituted Suit No.1637 of 1997, in which the learned trial court passed an interim order dated 18.12.1997 restraining the parties from raising any construction over the land in dispute. Thereafter, on an application moved by the petitioners, learned District Judge, Sultanpur, vide order dated 10.05.2002, directed that the aforesaid cases be heard by the same court.

8. Subsequently, respondent no.6, namely, Mohd. Riyaz sold his land comprised in Gata No. 763 in favour of respondent no.5, namely, Shri Samar Bahadur Singh. Thereafter, respondent no.5, namely, Samar Bahadur Singh instituted proceedings bearing Case N