- (1.) Heard learned Counsel for the petitioner and learned Standing Counsel. Counter and rejoinder affidavits have been exchanged and with the consent of the learned Counsel for the parties the writ petition is being finally decided. Learned Counsel has also produced the original records in pursuance of earlier order passed in the writ petition.
(2.) By this writ petition, the petitioner has prayed for the following reliefs:-- (i) to issue a writ, order or direction in the nature of mandamus directing the respondents not to take possession from the petitioner in pursuance of G.O. dated 8.5.2009; (ii) to issue a writ, order or direction in the nature of mandamus directing the respondents to abate the proceeding in case No. 55/1976 (State v. Mahaveer), in respect of plot No. 125, area 10 Biswa under Repeal Act, 1999; (iii) to issue a writ, order or direction in the nature of mandamus directing the respondents not to correct the Revenue Records in the name of the petitioner of the land in question; (iv) to issue a suitable writ, order or direction in the nature of writ as this Hon'ble High Court may deem fit and proper; and (v) to award the cost of the writ petition in favour of the petitioner.
(3.) The proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 'Act') were initiated. The petitioner filed his return under section 6(1) of the Act, on which Case No. 55 of 1976 (State v. Mahaveer), was registered. The order under section 8(4) of the Act was passed on 20.3.1980 declaring 8490.89 sq. mts. land," as surplus. A notice dated 12.1.1998 under section 10(5) of the Act was issued to the petitioner stating that the land of four plots having an area 8490.89 sq. mts. has vested in the State and the possession be handed over within thirty days. The petitioner's ground in the writ petition is that no notice under section 10(5) of the Act was served on him, nor the possession was ever taken by the State. It is stated that the petitioner has never surrendered his land in favour of the State.;