passed in revenue case bearing No. 131A-19/89-90 by the Tehsildar, Ramanujganj, would show that the land was granted to Sira Ram and the land is situated at village Balrampur. The petitioners claim that they are in possession of the land which has been granted to them by the State and they have not encroached upon any government land. Whereas the government says that the petitioners have encroached upon the government land bearing Khasra No.312. The land which the petitioners are claiming is distinct as they are claiming to be in possession of the land bearing Khasra No.8/4 whereas respondent State claims that the petitioners have encroached upon a government land which is bearing Khasra No.312. Under the circumstances, no virtual dispute exists. It is therefore, directed that the land of the petitioners may be demarcated by the authorities that whether they are in possession of the government Khasra No.8/4 or not? as per the grant made in their favour in the revenue case or not. Considering the background under which the petitioners were settled by the State, the State may also consider the fact that if it is found that they are possession of the land bearing Khasra No.312 then in liue of Khasra No.8/4, then the option for exchange may also be considered as the grant of land to the petitioners and averments of encroachment made also a government land. Till such exercise is carried out, the petitioners may not be forcefully evicted from their possession.
