Krishna Murari, J. - (1.) HEARD Sri Bidhan Chandra Rai, learned counsel for the petitioners, learned Standing Counsel for the State respondents, Sri A.N. Singh for respondent No. 3, Allahabad Development Authority and Sri Manish Nigam, learned counsel for the respondent No. 4.
(2.) THIS writ petition arises out of proceedings under the Urban Land (Ceiling and Regulations) Act, 1976 (in short the 'Act, 1976'). Undisputed facts are that an area of 342.07 sq. meter land of Bungalow No. 12/26, Sardar Patel Marg also known as Nazul plot No. G.G. I, Civil Station, Allahabad was declared to be surplus in the hands of the petitioners vide order dated 01.10.1994 passed under Section 8(4) of the Act, 1976. A notice dated 07.03.2000 was published by the respondent No. 3 Allahabad Development Authority for auction of the said property on 15.03.2000. In pursuance whereof, auction proceedings were held and the land was auctioned in favour of respondent No. 4, who was the highest bidder.
(3.) AGGRIEVED by the aforesaid auction, the petitioners filed the instant writ petition challenging the auction on the allegations that since the State Government failed to take possession of the land declared surplus under the provisions of Act, 1976, hence, after enforcement of the Urban Land (Ceiling and Regulations) Repeal Act, 1999 (in short the 'Act, 1999') with effect from 18.3.1999, the entire proceedings stood abated and thus the Allahabad Development Authority had no jurisdiction or legal authority to put the same in auction. One of the relief claimed is a declaration holding that the area declared surplus still belongs to the petitioners and the same has not been vested either in the State or in Allahabad Development Authority. While entertaining the writ petition, a Division Bench of this Court vide order dated 04.04.2000 passed an order of status -quo with regard to possession, character and nature of the surplus land. The writ petition came to be allowed vide judgment and order dated 15.04.2009, which was challenged by the respondent No. 4 by filing a Special Leave Petition No. 20256 of 2009 before the Hon'ble Supreme Court. Leave was granted and Civil Appeal No. 4487 of 2014 was allowed by the Hon'ble Supreme Court vide judgment and order dated 11.4.2014 by making following order: "Leave granted. 2. We do not think that it is necessary to consider the matter at length since, in our view, the High Court has allowed the writ petition without proper consideration of all aspects involved in the matter. 3. Consequently, Civil Appeal is allowed. The impugned order is set aside. Civil Misc. Writ Petition No. 16039 of 2000, Mirza Ammer Ullah Beg & Ors. vs. State of U.P. & Ors., is restored to the file of the High Court for fresh hearing, consideration and disposal. 4. We request the High Court to hear and decide the Writ Petition expeditiously.;