Hon’ble Sudhir Agarwal, J.—Petitioner Rashid has sought a mandamuscommanding respondents not to interfere in peaceful possession over the land of Khasras No. 185/3 and 167 situated in village Dungrawali, Post Office Partapur, Tehsil and District Meerut.

2. Facts in brief are that petitioner’s father Late Hameed, who was tenure holder of disputed land since before 1368 Fasli, submitted a return under Section 6(1) of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as ‘Act, 1976’) declaring that land held by him alongwith residential house is his residence. Hameed had only ½ share in land in question and remaining house belongs to his brother. A survey was conducted by competent authority and it issued a notice stating that total land in hand of Hameed was 10828.26 square metre and it proposed to declare 9328.26 square metre as surplus. Notice allegedly sent alongwith draft was not served on Hameed, hence he could not file any objection. Vide order dated 3.6.1981 competent authority declared 9328.26 square metre land, surplus. Actual possession over the land, however, continued with Hameed and after his death, petitioner is holding possession of entire l