RASHID Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) Petitioner Rashid has sought a mandamus commanding respondents not to interfere in peaceful possession over the land of Khasras no.185/3 and 167 situated in village Dungrawali, Post Office Partapur, Tehsil and District Meerut.

(2.) Facts in brief are that petitioner's father Late Hameed, who was tenure holder of disputed land since before 1368 Fasli, submitted a return under Sec. 6(1) of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'Act, 1976') declaring that land held by him along with residential house is his residence. Hameed had only 1/2 share in land in question and remaining house belongs to his brother. A survey was conducted by competent authority and it issued a notice stating that total land in hand of Hameed was 10828.26 square metre and it proposed to declare 9328.26 square metre as surplus. Notice allegedly sent along with draft was not served on Hameed, hence he could not file any objection. Vide order dated 03.06.1981 competent authority declared 9328.26 square metre land, surplus. Actual possession over the land, however, continued with Hameed and after his death, petitioner is holding possession of entire land. 'Act, 1976' was repealed by Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as 'Repeal Act, 1999') which came into force in State of U.P. on 18th March, 1999. In view thereof, now ceiling proceedings are abated but petitioner found that in revenue record entry has been made otherwise and when he sought correction of entry nothing has been done, hence this petition.

(3.) A counter affidavit has been filed by State of U.P. and respondent no.2 admitting that return was filed on 30.10.1976 by erstwhile tenure holder, Hamid. Thereafter, survey was made and under Sec. 8(3) a detailed statement was published on 10.11.1980. Khasra no.185/3M (area 3637.56 square metre) and Khasra no.167M (area 5690.70 square metre) i.e. total land 9328.26 square metre was proposed to be declared surplus. Said proposal was made final vide order dated 05.06.1981 under Sec. 8(4) of Act, 1976. Notification under Sections 10 (1) and (3) was published on 27.01.1986 and 10.03.1989. Application of tenure holder under Sec. 20 for exemption of land for agricultural purpose was rejected vide order dated 27th Feb., 1989. Notice under Sec. 10(5) was issued on 05.03.1993 and thereafter Tehshildar, Meerut took possession of surplus land on 03.04.1993. Entries in Revenue record in favour of State of U.P. were made on 16.06.1995. Thereafter disputed land was transferred to Meerut Development Authority (hereinafter referred to as 'MDA') and possession was handed over on 31.03.1997. In these circumstances, Repeal Act, 1999 has no application and writ petition deserves to be dismissed.