Court No. - 35 Case :- WRIT - C No. - 44921 of 2010 Petitioner :- Sharafat Husain And Another Respondent :- State Of U.P. & Others Petitioner Counsel :- A.K.Pandey Respondent Counsel :- C.S.C.,R.B.Sahu Hon'ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
Heard Sri A.K. Pandey, learned counsel for the petitioners as well
as learned Standing Counsel appearing for the respondents no. 1
and 2 and Sri S.S.Jatav, learned counsel appearing for the
respondent no. 3 and have perused the record. With consent of
learned counsel for the parties, this writ petition is being disposed
of finally at this stage without calling for a counter affidavit.
The grievance of the petitioner in this writ petition is that the
petitioner is in physical possession over the plot no. 683 area 1.44
hectare situated in village Bhola Singh Ki Milak Sonakpur, Tehsil
Sadar, District Moradabad, which has been declared surplus.
By means of this petition, the petitioner has prayed for a writ of
mandamus commanding the respondents not to declare vacant land
under U.P. Urban Land (Ceiling and Regulations) Act, 1976,
which has been repealed by U.P. Urban Land (Ceiling and
Regulation Repeal) Act, 1999. The petitioner seeks benefit of
Section 3 of 1999 Act wherein it has been provided that in case the
petitioner is found in possession on the date of repeal, the said land
shall not be declared as vacant. The petitioner has filed
documentary evidence to show that he is in actual possession with
regard to the plot in question. We cannot record any finding here
with regard to factual position on the spot. Therefore, we direct the
Collector concerned to get spot inspection done and make enquiry
as to whether the petitioner is in actual physical possession and on
the basis of the evidence recorded by him, as well as on the basis
of the statements of surrounding witnesses, if it is found that the
petitioner is in actual physical possession, he shall not be
dispossessed and the land shall not be treated as vacant land.
However, it is further provided that the parties shall maintain
status quo till the decision of the Collector.
With this direction, this writ petition is disposed of.
Order Date :- 2.8.2010
p.s.