Court No. - 52
Case :- WRIT - C No. - 19264 of 2019 Petitioner :- Indra Pratap And 2 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Dhiresh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Rajiv Gupta,J.
Heard Sri Dhiresh Kumar for the petitioner and Standing Counsel for State of UP.
The writ petition has been filed for a mandamus commanding respondent authorities to restore the name of the petitioner over plot nos. 364 (area 0.4130 hectare), 335 (area 1.200 hectare), 319 (0.4720 hectare) situated at village Dhabhav, pargana Arail, tehsil Karchhana, Distt. Prayagraj.
It has been argued by the counsel for the petitioner that the aforesaid land of the petitioner has been declared as vacant land under the provisions of Urban Land (Ceiling and Regulation) Act, 1976. However, the possession over the land of the petitioner was not taken. In the meantime, Urban Land (Ceiling and Regulation) Act, 1976 was repealed in the year 1999. Thereafter the proceeding for taking possession would abate under the repealing Act but the authorities are illegally interfering with the possession of the petitioner only on the basis of mutation order. The petitioner has moved a representation in this respect before the competent authority, respondent-2 on 24.4.2019 which is pending.
Without entering into the controversy involved in the writ petition, the writ petition is disposed of with direction to the competent authority, Urban Ceiling, respondent-2 to decide representation of the petitioner by reasoned and speaking order, expeditiously, preferably within a period of two months from the date of producing a certified copy of this order before the concerned authority.
Order Date :- 30.5.2019 Rahul Dwivedi/-