SUDHIR AGARWAL,J. - (1.) Heard learned counsel for parties and perused the record.
(2.) The present writ petition is directed against the respondents seeking a restraint order to the effect that they may not interfere in the possession of petitioner over land in question as ceiling proceedings in respect to land in question has stood abated in view of Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as the "Repeal Act, 1999"). The contention raised by petitioner is that notice under Section 10(5) of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the "Act, 1976") was never served upon land holder, nor, any further notice under Section 10(6) of Act, 1976 was issued or served. Thus petitioner claims to be entitled to the benefit under Repeal Act, 1999. Paragraph 16 and 18 of writ petition are reproduced as under: "16. That the notice U/s 10(5) not served on land holder, whereas under law service of notice U/s 10(5) is mandatory. The respondents have not followed the procedure of U/s 10(5), 10(6). Whereas in fact petitioner is in actual physical possession over the land in question continuously till date. But respondents have never taken actual physical possession from petitioner till today." "18. That due to the functionaries of the State regarding took over possession of the land is without any sanction of law, without completing the procedure laid down in the Act, 1976 as well as direction issued there under, therefore authorities treated the land holder as a (subject) medieval Indian but as a (citizen) under constitution of India."
(3.) In reply to the pleadings raised in writ petition in the counter affidavit filed by respondents, it is only stated that once notice has been issued under Section 10(3) of Act, 1976 on 15.06.1996, the land stood vested with State free from all encumbrances. It is further stated that notice under Section 10(5) was issued on 17.07.1997 to petitioner for handing over peaceful possession of land declared surplus under Act, 1976. It is further stated that under Government Order dated 11.12.1996 land was transferred to Allahabad Development Authority (hereinafter referred to as "ADA"). The relevant Paragraphs- 4, 5, 6 and 7 of counter affidavit are reproduced hereunder: "4. That, the petitioner submitted draft statement bearing letter No. P-567/76 under Section 6(1) of Urban Ceiling Act, 1976. After the survey under Section 8(4) of the above Act vide order dated 17.03.1980 the land comprising 8780.00 Sq. meter was declared surplus. 5. That, the publication of Section 10(3) of the Urban Ceiling Act, 1976 was published in official gazette on 15.06.1996 and from the above date the declared surplus land vested in the State Government. 6. That thereafter under Section 10(5) notice dated 17.07.1997 was issued to petitioner for handing over the possession of the declared surplus land. 7. That, after taking possession the declared surplus land the same was transferred to Allahabad Development Authority, Allahabad in pursuance of Government Order dated 11.12.1996. The name of the State Government recorded in the revenue record, therefore, all the proceedings were completed before Repeal Act i.e. 18.03.1999.";