Court No. - 10
Case :- WRIT - C No. - 15784 of 2017 Petitioner :- Smt. Rashidan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shadab Ali Counsel for Respondent :- C.S.C.,Indra Jeet Singh Yadav
Hon'ble Arun Tandon,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard learned counsel for the parties.
From the paragraph 14, 15, and 16 of writ petition, it is apparent that after issuance of notice under Section 10(5) the physical possession of the surplus land was taken by the Tehsil Authority on behalf of State on 15.1.1994, and the copy of possession memo has been enclosed as Annexure 5 to the present writ petition.
Counsel for the petitioner contended that physical possession of the surplus land had not been taken. He being the legal heir of the record tenure holder, is entitled to the benefits of the Urban Land (Ceiling and Regulation Repeal) Act, 1999.
In our opinion the issue with regard the actual possession having been taken of the surplus land needs to be examined by the Collector in view of the judgment of this Court in the case of Shivram Singh vs. State of U.P. reported in 2015 (7) ALD 630, which in turn follows the judgment of Apex Court in the case of State of Assam vs. Bhasker Jyoti Sarma ( 2015) 5 SCC 321.
In view of the above, we dispose of the present writ petition permitting the petitioner to file a fresh application before the District Magistrate, Moradabad claiming relief under the Repeal Act, 1999. The District Magistrate,Moradabad shall summon the original record of ceiling proceedings and decide the representation of the petitioners in the light of observations made by the Division Bench in the case referred to above. This exercise may be completed within two months from the date a certified copy of this order is filed before the District Magistrate. All consequential action be taken accordingly.
Order Date :- 17.4.2017 Swati