KAILASH PRASAD TEWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri P.K. Singh, learned counsel for the petitioner, Ms. Manisha Chaturvedi holding brief of Ms. Chandra Kala Chaturvedi, learned counsel appearing for the State-respondents and Shri Abhinav Krishna Srivastava, learned counsel appearing for the Development Authority.

(2.) Petitioner by the instant writ petition, inter alia, seeks direction to the State-respondent not to interfere in the peaceful possession of Plot Nos. 1356, 1723, 1112, 1104 and 1163, situated in Village- Bara Sirohi, Tehsil and District-Kanpur Nagar. Petitioner has also sought quashing of the order dtd. 27/7/2011, passed by District Judge/Appellate Authority, Kanpur Nagar, in Misc. Appeal No. 20/70 of 1999 (Kailash Prasad Vs. Competent Authority).

(3.) The facts of the instant case, briefly stated, is that the predecessor in interest of the petitioner filed statement/return under Sec. 6(1) of U.P. Urban Land (Ceiling and Regulation) Act 1976 (for short 'Act'), giving details of his land/property being case No. 8683. Upon survey, the land/property, admeasuring 5758.81 square meter, was found in excess of the ceiling limit in possession of the petitioner.