- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) By these proceedings under Article 226 of the Constitution of India, petitioners have sought a mandamus to command the respondents not to dispossess them from the land declared surplus. A further relief of mandamus has been claimed commanding the respondents not to demolish the construction of the petitioners situate over the land in dispute and to expunge the name of the urban ceiling from the revenue records and to record the land in the name of the petitioners.
(3.) This petition has been filed by four petitioners. Dispute in respect of petitioner nos. 1 and 2 relates to plot nos. 72, 87 A and 87 B, which was initially recorded in the name of Smt. Shakuntala Devi, mother of petitioner nos. 1 and 2, who died on 23.12.2005. An area of 15829.78 sq. mtr. of land of the aforesaid plots was declared surplus in the hands of Smt. Shakuntala Devi. Insofar as petitioner nos. 3 and 4 are concerned, dispute relates to plot no. 104. An area of 6029.27 sq. mtr. of land was declared surplus in the hands of petitioner nos. 3 and 4 respectively. All the petitioners have approached this Court alleging that since actual physical possession of the land was not taken from them, as such, the proceedings stood abated and they are entitled to the benefit of the provisions of Section 3 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as ' Repeal Act'). When this writ petition was presented on 16.02.2006, following order was passed by a Division Bench. "As nobody wants to argue the case, put up this case in the ordinary course and no application for listing shall be entertained.";