BASANT LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Raj Karan Yadav, learned counsel for the petitioners and Sri Pankaj Rai, learned Additional Chief Standing Counsel, appearing on behalf of the respondents.

(2.) In the present writ petition, the petitioners are seeking the following reliefs:

(3.) In the present writ petition, father of the petitioners had a land at Lalpur, Post Shivpur, district Varanasi. Under the provisions of The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "Act"), a case no.24/778/220/85-86. State Vs. Lalta was registered. It appears that the father of the petitioners has submitted the details of the landed property, owned by him. An ex-parte order dated 24.04.1985 has been passed by the competent authority, under Section 8(4) of the Act declaring 513.88 sq. mtr. land in excess. It was the case of the petitioners that neither any notice nor any opportunity of hearing has been given before passing the order. It was the case of the petitioners that no notice under Section 9 of the Act has been issued. The proceedings under Sections 10 (1) and 10 (3) of the Act have also been initiated ex-parte. No notice under Section 10 (5) of the Act has also been served upon the petitioners. The physical possession has not been taken and the name of the State is only mentioned by the Tehsildar, Varanasi on 06.04.1998. The petitioners are still in possession of the property. Neither any step has been taken to take possession nor any compensation has been paid. The petitioners are doing the farming, which is only source of income.