A.K.YOG AND R.K.RASTOGI, JJ. - (1.) HEARD learned Counsel representing their respective parties.
(2.) PRESENT writ petition arises out of proceedings under 'The Urban Land (Ceiling and Regulations) Act, 1976' (called the Principal Act) and this Court is required to decide consequences of The Urban Land (Ceiling and Regulations) Repeal Act, 1999' (called the Repeal Act) which became applicable in the State of U.P. in March, 1999. The petitioner, has pleaded, inter -alia amongst others that he is the owner/tenure holder of Khasra plot No. 491 (7272.17 Sq. Meters), village - Bara Sirohi Pargna, Tahsil and District Kanpur Nagar; upon commencement of the Principal Act Draft statement in Form III prescribed under Rule 5 of the Rules framed under the Principal Act prepared; in the Draft statement -1000 Sq. Meters of area of said plot is left within ceiling limit and 6272.17 Sq. Mts. was held surplus; the petitioner claims no notice as required under Rule 5 was served upon the petitioner (see paras No. 9 and 14 of the writ petition); the impugned order dated 31.3.1997 declaring 6272.17 Sq. Mts. land as surplus (Annexure No. 3 to the writ petition) is illegal and arbitrary; the petitioner has continued and still continues to be in possession of entire land of said plot No. 491, Repeal Act came in force in State of U.P. in March, 1999; in January 2004 some employees of the Kanpur Development Authority (the KDA) tried to interfere with petitioner's possession and enjoyment of the said land; the petitioner on inspecting relevant records discovered entry in favour of KDA in Khatauni of 1406 -1411 Fasli against the said plot in question; the petitioner is entitled to the benefits of the Repeal Act in as much as he was never dispossessed either defacto or from the plot in question and has throughout been in defacto possession of it.
(3.) ON the above pleadings, the petitioner claimed following reliefs: It is, therefore, most respectfully prayed that this Hon'ble Court; graciously pleased to: (a) call for record of the case and issue a writ, order or direction in the nature of certiorari quashing order dated 31.3.1997 (contained in Annexure III) passed by the Competent Authority, the Respondent No. 2 in case No. 9985, State v. Guru Prasad and Ors. declaring 6272.17 Square Meters. (b) issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioner from the land in dispute except in accordance with law. (C) issue such other writ, order or direction as may be deemed to be necessary under the facts of the case. (d) award costs to the petitioner. ;