- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) Petitioner is a co-operative housing society duly registered under the provisions of the U.P. Co-operative Societies Act, 1965. Petitioner's society purchased land situate in village Basai Mustaquil (Chungi Andar), Tehsil & District Agra bearing Khasra nos. 1990/1 area 0.265 hectare, 2323M area 0.127 hectare, 2329/1M area 0.0350 hectare, 2330 area 0.0810 hectare, 2331M measuring 0.0350 hectare and 2334 measuring 0.0110 hectare, total area 0.698 hectare vide registered sale deed dated 24.08.2001 from its erstwhile owner Mahesh Prasad son of Chotey Lal.
(3.) Case set up by the petitioner is that though an area of 8687.1436 sq. meter of land which includes the area of aforesaid plots was declared surplus in the hand of the erstwhile owner Mahesh Prasad but since actual physical possession of the said land was never taken over by the State and the proceedings under the Urban Land (Ceiling and Regulations) Act, 1976 (hereinafter referred to as the 'Act, 1976') lapsed in view of the Urban Land (Ceiling and Regulations) Repeal Act, 1999 (hereinafter referred to as the 'Repeal Act'), the State is left with no right over the land declared surplus and is wrongly and illegally interfering in the possession of the petitioner over the said land.;