- (1.) Heard learned counsel for the petitioners and the learned Standing Counsel.
(2.) This petition has been filed for quashing of the order dated 30.03.1988 by means of which a notice was issued to the forefathers of the petitioners to handover the possession as the lands in question were vested in the State under the provisions of Urban Land (Ceiling and Regulations) Act, 1976 and accordingly, the name of the petitioners have been expunged from the khatauni.
(3.) The petitioners were bhumidhar of the Ghata nos. 584, 496 and 522 situated in village Jarahara, Post Amarai Gaon, district Lucknow. It has been submitted that it is an ancestral property belonging to the petitioners and the petitioners are still in possession of the land in dispute and doing their agricultural work on it. It is alleged that no notice was given to the forefathers or the petitioners at any point of time and the petitioners came to know on 03.07.2008 when they inspected the revenue records and obtained the copy of the khatauni. From the said entry the petitioners came to know that their names have been expunged and the name of the State has been entered as the land of the petitioners has been declared as additional surplus land of urban ceiling under the Urban Land (Ceiling and Regulation) Act, 1976. The petitioners came to know that by the Act no. 15 of 1999, the Ceiling Act was repealed on 22.03.1999. After coming into force of the repeal act from 22.03.1999 no proceeding can be initiated as well as if possession of the land has not been taken during the proceedings were drawn, the proceedings shall abate.;