Sunil Ambwani, Actg. C.J. - (1.) We have heard learned counsel appearing for the parties. This Special Appeal arises out of the judgment of learned Single Judge dated 25.2.2015, by which the S.B. Civil Writ Petition No. 12656/2014 was dismissed, on the grounds that the question of taking over possession of the land, which was declared surplus, under the Urban Land (Ceiling & Regulation) Act, 1976 (for short, 'the ULC Act'), and of which, the possession was taken on 06.12.1986, is not open to be considered, after the writ petition, filed in the year 1991, the appeal arising therefrom, were dismissed, and that, the Supreme Court had also dismissed the Special Leave Petition, as withdrawn.
(2.) The writ petition was filed, with the following prayers: - - "A. By an appropriate writ, order or direction, the respondents may kindly be directed to regularize the land of the petitioners bearing Khasra No. 193, 193/248 situated in Village Beed Khatipura, Jaipur in compliance of the order dated 10.4.2002 (Annex. 1) passed by the State Level Committee; B. By an appropriate writ, order or direction, the respondents may kindly be directed not to take possession of the land of the petitioners in Khasra No. 193, 193/248 situated in Village Beed Khatipura, Jaipur; C. By an appropriate writ, order or direction the respondents may kindly be directed not to deprive the petitioners of their legitimate right of enjoyment of property; C -1. By an appropriate writ, order or direction the notices dated 20.11.2014 (Annexure -14, 15, 17 & 18) issued by the respondent No. 2 under Sec. 72 of the JDA Act, 1982 to the petitioners may kindly be quashed and set aside and further all the notices u/s. 72 of JDA Act, 1982 dated 14.11.2014 issued regarding the shops situated on khasra No. 193 and 193/248 be also quashed and set aside and all subsequent action taken in furtherance thereof also be quashed and set aside. C -2. By an appropriate writ, order or direction the orders dated 17.11.2014 (Annexure -9 & Annexure -11) passed by the respondent No. 1 and orders dated 20.11.2014 (Annexure -8 & Annexure -10) passed by the respondent No. 2 may be quashed and set aside. C -3. By an appropriate writ, order or direction all the notices dated 11.11.2014 issued under Sec. 34(A) of the Act of 1982 be also quashed and set aside. C -4. By an appropriate writ, order or direction it may be held that the subject land of khasra No. 193 & 193/248 situated at Beed Khatipura, Jaipur is not government property and the petitioners are having legal and valid title & rights the said land. D. Any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in favour of the petitioners may also be passed. E. Cost of the writ petition may kindly be awarded in favour of the petitioners."
(3.) Brief facts giving rise to this Special Appeal are that Khasra No. 193 measuring 25 bighas & 2 biswas and khasra No. 193/248 measuring 12 bighas & 5 biswas, were declared as surplus, in proceedings under the ULC Act. An appeal against the determination of surplus land was dismissed by the Divisional Commissioner on 29.03.1993. The possession of the lands was taken, after using necessary force, on 06.12.1986. The memo -'fard' was also prepared. The lands were recorded, after mutation was carried out in the name of the Jaipur Development Authority, on 17.8.1991. With the dismissal of the appeal against the declaration of surplus land, the proceedings under the ULC Act attained finality.;