Ram Naresh vs State of U.P and Others

Heard learned Counsel for parties and perused the pleadings.

Learned Counsel for petitioner submitted that a Co-ordinate Bench of this Court in W.P. No. 477 (MB) of 2010 has passed the following order:

Learned Counsel for the petitioner submits that proceedings have been initiated under Urban Land (Ceiling and Regulations) Act, 1976 and the land, which has been declared surplus, the possession of the same has not been taken over. During the pendency of the proceedings, Urban Land (Ceiling and Regulations) Act, 1976 was repealed and Section 4 of the Urban Land (Ceiling and Regulations) Repeal Act, 1999 provides for abatement of the legal proceedings.

Learned Counsel for the petitioner also submits that the Apex Court in the case of Pt. Madan Swarup Shronya, Public Charitable Trust v. State of U.P. and Ors. J.T. 200 (3) S.C. 391 has held that if possession has been taken over by the State Government then the proceedings under the Act will not above but if the possession has not been taken over the proceedings on shall abate.

We make it clear that the word possession means actual physical possession. Hence if actual physical possession has been taken over the proceedings shall not abate otherwise they will abate. He submits that in view of the aforesaid legal position, the writ petition may be allowed as the proceedings initiated as stated abated.

Learned Standing Counsel does not dispute the aforesaid facts.

For the reasons stated hereinabove, the writ petition is allowed.

The opposite parties are directed not to disturb the peaceful possession of the petitioners over Khasra Plot Nos. 1413, 1414 and 1346 recorded in Khatauni Serial No. 00371, situate in village Kanausi, Manak Nagar, District Lucknow, declared as surplus land under the provisions of Section 10(3) and 10(5) of the Urban Land (Ceiling and Regulations) Act, 1976 and further to correct revenue records on necessary steps being taken by the petitioners in that respect.

Learned Counsel also submitted that this writ petition involves the identical questions of law. Thus the petitioner deserves to earn the same order/relief as above.

In view of all the aforesaid this writ petition is allowed and it is directed that the respondents shall not disturb the peaceful possession of the petitioner over plots No. 1593, 1594, 1596, 1822/2/2, 1823/2, 1595 and 1599/2 (Khasra khatauni No. 00049) ad-measuring the total joint area of 0.4760 hec. situated at Kanausi Pargana, Tehsil and District Lucknow, declared as surplus land under the provisions of Section 10(3) and 10(5) of the Urban Land (Ceiling and Regulations) Act 1976 and further to correct revenue records on necessary steps being taken by the petitioner in that respect.