By the Court.—Heard learned counsel for the parties.

2. The records of the present petition reflects that the predecessor in interest of the petitioners, namely Ratan Lal son of Makkhan was recorded as tenure holder of land comprising of plot No. 671-A, 632, 671-B, 466 total area of 11048.31 square meter. Out of the said area, land in plot No. 671 (Gata No. 671-A and 671-B) measuring 9048.31 sq. meter was declared surplus under Section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976. After completing the entire procedure prescribed under the Ceiling Act, the possession has been taken by the State Government and the name of the State Government is recorded in the revenue record. The notice under Section 10(3) was published on 9.11.1983 and notice dated 20.7.1985 was published under Section 10(5) of the Urban Land (Ceiling and Regulation) Act. The factum of receiving notice under Section 10 (5) of the Act has been admitted in para 10 of the writ petition. It is stated that though the notice under Section 10(5) of the Act was issued but still the possession of the land declared as surplus was not taken.

3. It is contended by the learned counsel for the respondent tha