ATMA PRASAD SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sushil Kumar Pal holding brief of Sri Sanjay Pandey, learned counsel for the petitioner and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents.

(2.) This writ petition has been filed praying for the following relief:

(3.) Briefly stated facts of the present case are that the father of the petitioner namely Sri Devi Prasad Shukla owned various khasra plots of villages Singhpur, Mugdarpur and Khajuhi, Pargana Shivpur, Tehsil Sadar, District Varanasi, out of which land measuring 19349.75 square meters was declared surplus under the provisions of the Urban Land Ceiling and Regulation Act, 1976 (hereinafter referred to as 'the Act 1976') in Urban Ceiling Case No.600/473/652/5798/83-84 (State of U.P. vs. Devi Prasad Shukla). A notice dtd. 12/9/1985 under Sec. 8(3) of the Act, 1976 was issued which was served upon the aforesaid Devi Prasad Shukla on 13/10/1985. In paragraph-5 of the counter affidavit, it has been stated that objections were filed by the aforesaid Devi Prasad Shukla and thereafter, an order under Sec. 8(4) of the Act was passed on 17/11/1989 whereby 19349.75 square meters land was declared surplus. In paragraphs-6 and 7 of the counter affidavit, it has been stated that a notice under Sec. 9 of the Act, 1976 dtd. 22/2/1994 was issued. Thereafter, notification dtd. 22/2/1997 and 22/8/1998 were issued under Sec. 10(1) and Sec. 10(3) of the Act, 1976, which was published in the Government Gazette. A notice under Sec. 10(5) of the Act, 1976 was allegedly issued on 23/12/1998. In paragraphs-8 and 9 of the counter affidavit, the respondents have stated as under: "8. That further it is submitted here that with regard to the land declare surplus for recording the name of the State Government upon the same and undated parwana/order was issued. A true Photostat copy of undated parwana/order is being annexed herewith and marked as Annexure No. CA-7 to this affidavit. Further, it is submitted here that for physical verification and identification of the land declared surplus, a letter was sent to the Secretary, Varanasi Development Authority, Varanasi on 28/3/2000 and the present matter is mentioned at serial no. 547 in the list annexed with the aforesaid letter. A true Photostat copy of letter dtd. 28/3/2000 are being annexed herewith and marked as Annexure No. CA-8 to this affidavit. 9. That it is also submitted here that in furtherance of the earlier order/parwana since the name of the State was not mutated in the revenue records and as such a reminder letter dtd. 20/9/2021 was sent to Tehsildar Sadar, Varanasi, upon the basis of which in the Khatauni of Fasli year 1427-1432, the name of the State was mutated in the revenue record. A true Photostat copy of letter dtd. 20/9/2021 along with Khatauni of Fasli year 1427-1432 are being collectively annexed herewith and marked as Annexure No. CA-9 to this affidavit."