- (1.) DEVENDRA Pratap Singh, Jayashree Tiwari, J.:- Heard learned counsel for the petitioner and the learned Standing counsel.
(2.) THE petitioners have sought a mandate to the Revenue Authorities to delete the name of the State in the revenue record with regard to the disputed land and record the name of the petitioners as the rightful owners in view of the fact that the Urban Land (Ceiling and Regulation) Act, 1976 has since been repealed w.e.f. 18.3.1999 in view of Act No. 15 of 1999. The petitioners claim to be the owner in possession of Gata No. 107-A and 107-B i.e. measuring about 2 bigha and 17 biswa situated in village Dahtura, Tehsil Sadar, Agra which fell within the Nagar Nigam. Proceedings under U.P. Urban Land (Ceiling and Regulation) Act, 1976 were initiated and 359.637 square meter land was declared surplus and though notification under Section 10(3) was issued in 1993, no proceedings under Section 10(5) or 10(6) were completed and the actual physical possession remained with the petitioners. It is also stated that in view of repealed Act, as the physical possession had not been taken under Section 10(5) or 10(6), the ceiling proceedings had abated and the land stood restored to the petitioner but yet the Revenue Authorities are not entering his name.
(3.) IN the counter affidavit though it is stated that a notification under Section 10(5) was issued, however, neither the date of possession has been disclosed nor any possession memo appears to have been executed. There is nothing on record to show that the possession even under Section 10(6) was ever taken. The petitioners have annexed a copy of the reply under the Right to Information Act dated 26.11.2009 issued by the Tehsildar, Sadar, Agra showing that the actual physical possession remains with the petitioners and in fact no legal possession memo was ever executed with regard to the disputed land. Thus, it is apparent that the petitioners are still in possession of the disputed land.;