- (1.) By means of this petition filed under Article 226 of the Constitution of India, the petitioner has sought the following main reliefs. "A. A writ order or direction, in the nature of Mandamus restraining the respondents not to interfere in the peaceful physical possession of the plot no. 307, area 2.231 hectare, situated in village Dahtora, Tehsil & District Agra. B. A writ order or direction, in the nature of Mandamus commanding the respondent no. 3, Collector, Agra Division, Agra to delete the name of the State Government from the Revenue record and substitute the name of the petitioner in respect of plot no. 307, Area 2.231 Hects, situated in village Dahtora, Tehsil & District Agra."
(2.) The dispute is in respect of an area 2.231 hectare (21196.9454 sq. meter) of plot no. 307 situate in village Dahtora Tehsil & District Agra, which was declared surplus in proceedings under the Urban Land (Ceiling and Regulations) Act, 1976 (hereinafter referred to as the 'Act, 1976'). The reliefs quoted hereinabove are being claimed in the background of the fact that even though an area 21196.9454 sq. meter of plot no. 307 was declared surplus but since the State Government never took actual physical possession of the said land, as such, the petitioner is entitled to the benefit of Section 3 of the Urban Land (Ceiling and Regulations) Repeal Act, 1999 (hereinafter referred to as the 'Repeal Act').
(3.) In pursuance of the return submitted by the petitioner, a draft statement under Section 8(3) of the Act, 1976 dated 19.5.1977 was issued to the tenure holder proposing to declare an area 21196.9454 sq. meter of plot no. 307 as surplus. Though the notice was served on 03.06.1977 but no objection was filed. On 05.07.1977 an order was passed under Section 8(4) of the Act, 1976 whereby after exempting an area 1500 sq. meter an area admeasuring 21196.9454 sq. meter was declared surplus. A notification under Section 10(1) of the Act, 1976 was issued on 25.09.1985. Thereafter, a notification under Section 10(3) was issued on 31.5.1993 and was published in official gazette on 31.7.1993. Upon vesting the land in the State Government under Section 10(3), a notice under Section 10(5) was issued on 23.9.1993.;