Hon'ble Ritu Raj Awasthi, J.
Heard the learned counsel for the petitioners and learned Standing counsel.
With the consent of learned counsel for the parties, the writ petition is being disposed of finally.
Learned counsel for the petitioner submits that proceedings have been initiated under Urban Land (Ceiling and Regulations) Act, 1976 and the land, which has been declared surplus, the possession of the same has not been taken over. During the pendency of the proceedings, Urban Land (Ceiling and Regulations) Act, 1976 was repealed and Section 4 of the Urban Land (Ceiling and Regulations) Repeal Act, 1999 provides for abatement of the legal proceedings.
Learned counsel for the petitioner also submits that the Apex Court in the case of Pt. Madan Swarup Shronya, Public Charitable Trust vs State of U.P. and others [J.T.200(3) S.C.391 ] has held that if possession has been taken over by the State Government then the proceedings under the Act will not above but if the possession has not been taken over the proceedings on shall abate.
We make it clear that the word possession means actual physical possession. Hence if actual physical possession has been taken over the proceedings shall not abate otherwise they will abate. He submits that in view of the aforesaid legal position, the writ petition may be allowed as the proceedings initiated as stated abated.
Learned Standing Counsel does not dispute the aforesaid facts. For the reasons stated hereinabove, the writ petition is allowed. The opposite parties are directed not to disturb the peaceful possession of the petitioners over Khasra Plot Nos. 1413, 1414 and 1346 recorded in Khatauni Serial No. 00371, situate in village Kanausi, Manak Nagar, District Lucknow, declared as surplus land under the provisions of section 10(3) and 10(5) of the Urban Land (Ceiling and Regulations) Act, 1976 and further to correct revenue records on necessary steps being taken by the petitioners in that respect.
Dated: 21.1.2010 MFA