WPMS 3744/2001 (Old No. 11862/92) Hon’ble P.c. Verma, J. Heard Sri Lok Pal Singh, learned Counsel for the petitioners and Sri H.M. Raturi, learned Standing Counsel for the respondent no. 1 & 2. In all fairness, learned Counsel for the petitioners submitted that the petitioners have no possession over the land in dispute and the penalty imposed by the courts below may be set aside. The learned Counsel for the petitioners has placed reliance on the decision of the Allahabad High Court in case of Ram Singh & Others v. State of U.P. through Advocate General & others, 1987 A.W.C. 910 and contended that when the petitioners do not claim possession, damages could not have been imposed on them. In view of the aforesaid reasons, this case is squarely covered by the abovementioned judgment. Thus, the penalty imposed by the courts below is set aside. The writ petition is allowed to that extent only. (P.C.V., J.) 23.7.2008 Prabodh