Smt. Memta And 3 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 2339 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 26874 of 2022
 

 
Petitioner :- Smt. Memta And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Madhusudan Dikshit
 
Counsel for Respondent :- CSC,Satyam Singh
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Jayant Banerji,J.

Heard Sri Madhusudan Dikshit, learned counsel for the petitioners, the learned standing counsel for the respondent Nos.1 and 2 and Sri Satyam Singh, learned counsel for the respondent No.3.

With respect to the declaration of surplus land of Khasra Plot Nos.644 and 645 of Village Manakmau, Tehsil and District, Saharanpur, a case was instituted being Case No.989 of 1976 (Manga vs. State), which was decided by order dated 04.07.1980. Notification under Section 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 was published in the U.P. Gazettee on 17.07.1982. Notice under Section 10(5) for the voluntary surrender of possession was issued to the petitioner on 27.08.1982. It has been admitted by learned counsel for the petitioners before us that the portions of the aforesaid khasra plots which were declared surplus, were recorded in the name of State Government in the revenue records as back as in the year 1982. The petitioners' father's name and thereafter petitioners' name continued in khatauni over the portion of the land which was not declared surplus.

Thus, it is undisputed that the land which was declared surplus under the Act, 1976 and over which the name of the State as recorded in the revenue records/ Khatauni since the year 1982, is continuing in the name of State of U.P. The dispute has been raised by the petitioner by means of the present writ petition with respect to the aforesaid surplus land in view of the Repealed Act, i.e. the Urban Land (Ceiling and Regulation) Repeal Act, 1999 on the ground that the petitioners are continuing in possession. We find that dispute is being raised by filing the present writ petition after about 40 years of recording of the name of the State Government in the revenue records (Khatauni) with respect to the disputed land and after about 24 years of coming into force of the Repealing Act. Thus, the writ petition is clearly not only devoid of merit but is also hit by laches.

In view of the of the aforesaid and also in view of the law laid down by Hon'ble Supreme Court in the case of State of Assam vs. Bhaskar Jyoti Sharma and others, (2015) 5 SCC 321 (Paras-16, 17 and 19) and the judgment by coordinate bench of this court in the case of Shiv Ram Singh vs. State of U.P. and others, 2015 (7) ADJ 630, we do not find any good reason to entertain this writ petition. Consequently, the writ petition is dismissed.

Order Date :- 23.1.2023

NLY