STATE OF U.P. Vs. EHSAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the High Court [High Court of Judicature at Allahabad] dtd. 8/10/2018, passed in Writ C No. 21009 of 2012, by which the writ petition of the first respondent [The original petitioner] was disposed of by declaring that the land in dispute shall continue to be in possession of the original petitioner and would not be treated as surplus land as he is entitled to the benefits of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 [The Repeal Act, 1999]. In addition to the above, a direction was issued to the Competent Authority (Urban Ceiling) Saharanpur [The Competent Authority] to ensure that the name of the original petitioner is restored in the revenue records.

(2.) The original petitioner had land holding admeasuring 7499.20 square meter comprising plot nos.166, 177, 179 and 185 in village Panjaura Bairoon, Tehsil and District Saharanpur. With the Urban Land (Ceiling and Regulation) Act, 1976 [The Ceiling Act, 1976] coming into force, proceedings thereunder were initiated against the original petitioner giving rise to Case No. 2186 of 1976. In these proceedings, vide order dtd. 26/11/1977, the Competent Authority declared 5499.20 square meter of land as surplus.

(3.) The aforesaid order dtd. 27/11/1977 was questioned before the High Court in the year 1986 through a writ petition, which was dismissed vide order dtd. 3/1/1986. The order dtd. 3/1/1986 is reproduced below: