(1.) Ram Kumar Misra, the writ petitioner has filed present writ petition under Article 226 of the Constitution of India, challenging order dated 30.12.1981 (Annexure 1 to the writ petition), passed by respondent No.1 Competent Authority (Urban Land Ceiling ), Bareilly, whereby an area of 8258.21 Sq-meters of land of petitioner has been declared as excess-vacant land and notice dated 24/25.1.2000 (Annexure-4 to the writ petition) also issued by respondent No.1 purported to be under Section 11 (8) of the Urban Land (Ceiling and Regulation) Act, 1976 (herienafter referred to as 'Act 1976') asking the petitioner to file his objections, if any, alongwith evidence before respondent-1 on or before 3.2.2000 to the proposed compensation in lieu of land belonging to petitioner being declared as excess-vacant land. Apart from aforesaid reliefs, petitioner has also prayed for a writ of mandamus commanding respondents not to dispossess petitioner from land in dispute.
(2.) We have heard Sri Vijay Bahadur Singh, learned Senior Advocate assisted by Sri P.H. Vashishtha, learned counsel for petitioner, Mrs. Subhash Rathi, learned Additional Chief Standing Counsel for State-respondents and Sri Tejaswi Mishra, Advocate holding brief of Sri Vineet Pandey, learned counsel appearing for respondent no. 3 Bareilly Development Authority (hereinafter referred to as 'B.D.A').
(3.) It transpires from record that petitioner is a recorded Tenure Holder of survey plot Nos. 587 area 0.0468 hectares, 588 area 0.333 hectares and 589 area 0.721 hectare, situate in village, Haroo Nagla, District Bareilly.