BHAGAWATI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(2.) A counter affidavit has been filed by the State wherein it has been stated in paragraph 3(i) as under :

(3.) In the absence of any material in the counter affidavit to demonstrate that State had taken physical possession over the land declared surplus, simple allegation made that after issuance of notification under Section 10 (3) of the Act, 1976, the land vested in the State and issuance of notice under Section 10 (5) of the Act will not be sufficient to hold that possession of the land has been taken over by the State.