Salil Kumar Rai, J. - (1.) Heard learned counsel for the petitioners and learned Standing Counsel representing respondent nos. 1 and 2.
(2.) The present writ petition has been filed praying for writ of certiorari to set-aside the proceedings in Case No. 576/2585/80-81 (State vs Dallu) as well as writ of mandamus commanding the respondents to abate the proceedings in the aforesaid case instituted under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as, 'Ceiling Act').
(3.) The facts of the case as stated in the writ petition are that one Dallu son of Mahangi was the bhumidhar of plot Nos. 462, 424, 321, 136, 156, 164, 253, 365, 369, 438, 346, 347, 348 (hereinafter referred to as, 'disputed plots') situated in Village Bishunpur, Tehsil Sadar, District Varanasi. It has been stated in the supplementary affidavit filed on behalf of the petitioners that the said plots have been renumbered as 297, 406, 407 and 411 in the consolidation proceedings held in the village under the Uttar Pradesh Consolidation of Holdings Act, 1953. The aforesaid facts regarding renumbering of the plots have not been controverted by the respondents in their supplementary counter affidavit. It has been further stated in the writ petition that the proceedings were instituted under the Ceiling Act and order dated 20.2.1981 was passed by respondent no. 2 against Dallu declaring 3422.34 sq. meter in the aforesaid plots as surplus land under Section 8 (4) of the Act. It has been stated in the writ petition that no notice was issued to Dallu or the present petitioners under Section 10 (5) of the Act and in any case no notice was served on either of the above persons and no proceedings were instituted by the respondents under Section 10 (6) of the Act for taking forcible possession of the disputed plots. It has been stated that Dallu or the petitioners never voluntarily surrendered possession of the disputed plots and none of the aforesaid persons had withdrawn any compensation under the Ceiling Act in lieu of the disputed plots. It has been further stated in the writ petition that the petitioners are legal heirs of Dallu and are still in actual physical possession of the disputed plots and in support of the said fact the Khatauni of 1416-1421 Fasli and Khasra relating to the disputed plots have been annexed with the writ petition as annexure no. 1 showing that the name of Dallu continued in the revenue records relating to the disputed plots. In view of the aforesaid facts, the petitioners pray that they may be granted the benefit of Sections 3/4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as, 'Repeal Act') as by the relevant date i.e. 18.3.1999, the State Government/respondents had not taken actual physical possession of the disputed plots.;