SHAHZAD AND ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners have preferred this writ petition under Article 226 of the Constitution of India for issuance of writ of certiorari to quash the order dated 5.5.2014 passed by the Collector, Saharanpur whereby the petitioners' representation has been rejected holding that in revenue record, the name of the Government has been mutated and his land has been legally declared surplus and possession has been taken under the provisions of Urban Land (Ceiling & Regulation) Act, 1976 (for short, the 'Act, 1976').

(2.) A brief reference to the factual aspects would suffice.

(3.) The petitioners claim that they are the owners of the Khasra Nos. 431, 33, 312, 490, 504, 505, 507/1 and 421/1 situated at Village Dabki Junardar, Tehsil and District- Saharanpur. The proceedings were initiated under the provisions of the Act, 1976 to declare their surplus land. The competent authority vide order dated 13.12.1978 declared petitioners' land admeasuring 11293.607 sq.mt., surplus. It is stated that said order was passed ex-parte and it was not implemented as he is still in possession. The petitioners' father came to know about said order on 27.2.2002 when he found that name of State has been recorded in the revenue papers (khatauni). Against the order dated 13.12.1978, he filed an appeal. In the meantime Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short, the 'Act 15 of 1999') came in to force and the Act 33 of 1976 Act was repealed. Under Section 4 of the Act, 15 of 1999, all legal proceedings were abated subject to Section 3 of the Act. Petitioners' claim that since they are continued to be in possession hence, in this case, proceedings stood abated in terms of Section 3(2)(a) of the Act. It is stated that they have not received any compensation. It is also stated that when respondents started interfering in possession of the petitioners, they preferred a Writ Petition being Civil Misc. Writ Petition No.30434 of 2002. During the pendency of the said writ petition, father of the petitioners unfortunately died on 13.8.2003. The aforesaid writ petition was finally disposed of on 23.3.2012 leaving it open to the petitioners to make a representation before the Collector, Saharanpur for redressal of their grievance. A copy of the judgment of this Court is on record as Annexure 3 to the writ petition.