judgment

Dr. ARIJIT PASAYAT, J. —

1.Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court allowing the Writ Petition (CMWP No. 30433/2002) filed by respondents 1, 2 and 3.

2.Challenge in the writ petition was to the order passed by the State Government dated 23.11.2001 Annexure-6 to the writ petition and orders dated 11.12.2001 and 15.4.2002 Annexures 7 and 8 respectively passed by the appellant-Moradabad Development Authority. The writ petitioners had also prayed for a mandamus to direct the respondents in the writ petition to forthwith return to the writ petitioner s possession of the land measuring 8116.65 sq. mtrs. of plot No. 454 situated in village Harthala Mustahkam Tehsil, District Moradabad.

3.Background facts as highlighted in the writ petition were that the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (in short the ‘Act’) were initiated and in the connected proceedings the land in question was declared to be surplus land by the competent authority, Moradabad by order dated 29.8.1977. A Revision was filed against the said order and the State Government in exercise of power under Section 34 of the Act by order dated