- (1.) Heard Sri R.C. Singh, learned counsel for petitioners, Sri Shivam Yadav, learned counsel for Kanpur Development Authority and Sri M.C. Chaturvedi, learned Addl. Advocate General for State respondents.
(2.) The instant writ petition has been filed seeking relief in the nature of mandamus directing respondent-State authorities including the Kanpur Development Authority not to interfere with the possession of petitioners over plot nos. 597, 673, 870 and 594 area 70855.40 square meters situate in Village Bara Sirohi, Pargana and Tehsil Kanpur on the plea that in view of Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter to be referred as 'Repeal Act'), the entire ceiling proceedings have stood abated.
(3.) The contention of petitioners is that since actual possession of land, declared as surplus, has not been taken from petitioners, they would be entitled to the benefit of Repeal Act. It is further contended that the alleged possession memo which is claimed to be a document evidencing factum of delivery of possession in favour of State is forged and manipulated document and does not bear the signatures of their father Ram Singh who was the original tenure holder. The petitioners contend that they continued to be in possession as on the date of enactment of Repeal Act.;