Court No. - 29
Case :- WRIT - C No. - 40103 of 2019 Petitioner :- Islam Sabir And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Singh,Imran Ullah Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ashish Kumar Singh, learned counsel for the petitioners and learned Standing Counsel.
The petitioners are seeking a no-objection certificate for the purposes of establishment of a petrol-pump on land Khasra No.410 situate in Mathurapur, District-Bareilly. The petitioners have received clearance for the purpose practically from all the departments except for Urban Ceiling Department. It appears that the competent authority/ additional District Magistrate Nagar, has reservation in issuing no-objection certificate as the land is involved in proceedings under the Urban Ceiling Act. This is reflected from his letter dated 24.08.2019 addressed to the Executive Engineer, Bareilly Vikas Pradhikaran.
Sri Ashish Kumar Singh, learned counsel for the petitioners submit that part of the said land was incorrectly declared to be surplus in the hands of a third party but its possession was never taken over by the State as on verification it was found that it belong to some another person and not to the person whose land was declared to be surplus. In connection with this, the petitioner has submitted a copy of the possession memo dated 18.01.1992 wherein possession of the land declared to be surplus was taken over except plot no.410 and in connection thereto a note appended that the said plot is recorded in the name of a different person and it is not possible to take possession of it.
If the possession of the said land has not been taken, it will not vest in the State.
In view of the aforesaid facts and circumstances of the case, we dispose of the writ petition with a direction to the respondent no.3 to take into account all the documents submitted by the petitioners specially the above referred possession memo and then to pass a fresh order in accordance with law as to whether the petitioners are entitled to no-objection certificate or not.
It case, it is found that the land is not involved in any proceedings and the petitioners are entitled to no-objection certificate the same may be issued expeditiously.
Order Date :- 20.12.2019 C. MANI