- (1.) WE have heard learned Counsel for the Petitioner. Learned Standing Counsel appears for the Respondents. The pleadings have been exchanged.
(2.) THE Petitioner's father late Shri Kandhaee Lal son of Shri Ram Charan resident of village Katka, Pargana Jhusi Tehsil Phoolpur Distt. Allahabad filed a statement under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (in short the Act). After a survey a draft statement under Section 8(3) was issued along with notice on 15.4.1981 proposing to declare 20398.30 sq. mtr. of land as surplus land under the Act. Late Shri Ram Khelawan filed objections on 4.5.1981 on which order was passed on merits under Section 8(4) on 7.5.1984 declaring entire proposed land as surplus land. The notice under Section 9 was issued and was served upon late Shri Ram Khelawan on 23.8.1985. Learned Counsel for the Petitioner states that suit being Case No. P -1624/1976, State v. Kandhaee was decided exparte on 7.5.1984. No opportunity of hearing was given to him. No notice was served in respect of proceedings under Section 10(1), 10(3) and 10(5) of the Act and that the Petitioner is still in possession of the land.
(3.) IN para 6 of the counter affidavit it is stated that the proceedings under Section 10(1), 10(3), 10(5) and 11(8) were taken prior to the repeal of the Act. In the same paragraph it is stated that the proceedings for giving directions under Section 10(5) to hand over possession was issued on 25.9.1995 and that name of the State Government was entered in the revenue records and thus the Petitioner cannot get benefit under Section 3(1)(a) of the Repeal Act.;