JOR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed with a prayer that the surplus land comprised in Gata No. 61 areas 204.8 square meter, Gata No. 219 areas 8106.10 square meters, Gata No. 220 areas 1638.80 square meters, Gata No.62 areas 1229.10 square meters, Gata No. 63 areas 4199.10 square meters, Gata No. 64 areas 13127.37 square meters and Gata No. 61 areas 1024.25 square meters of village Teeklapura, Majra Bingawan, Pargana and Tehsil and District- Kanpur Nagar may be entered in the Khataunis in the name of the petitioner. A further prayer has been made that the possession of the total area of 30512.63 sq. meter contained in Gata No. 61 areas 204.8 square meter, Gata No. 219 areas 8106.10 square meters, Gata No. 220 areas 1638.80 square meters, Gata No.62 areas 1229.10 square meters, Gata No. 63 areas 4199.10 square meters, Gata No. 64 areas 13127.37 square meters and Gata No. 61 areas 1024.25 square meters of village Teeklapura, Majra Bingawan, Pargana and Tehsil and District - Kanpur Nagar (herein after referred to as 'the land in question) may not be taken away from the petitioner.

(2.) The petitioner's case is that when the petitioner's predecessor-in-interest, and thereafter the petitioner, had remained in possession over the land in question which was earlier declared surplus and which was never taken away from the petitioner, then the Ceiling Authorities were wrongly treating the land as that of the State.

(3.) Learned counsel for the petitioner has stated that the Khasras of the year 1398F to 1401F(annexure 3 to the writ petition) and thereafter the khasras of the year 1420F(Annexure SA-3 to the supplementary affidavit filed on 7/2/2017) would go to indicate that the petitioner's predecessor-in-interest and thereafter the petitioner had continued to be in possession over the land in question.