By the Court.—Heard Sri Arvind Srivastava, learned counsel for petitioners and learned Additional Chief Standing Counsel for respondents.

2. Petitioners, claiming benefit of Urban Land (Ceiling & Regulation) Repeal Act, 1999 (hereinafter referred to as the “Repeal Act, 1999”), have filed present writ petition stating that “actual physical possession” of land in dispute was not taken till enactment of Act, 1999, therefore, proceedings initiated under Section 6(1) of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the “Act, 1976”) have abated and now petitioners cannot be dispossessed from land in dispute which is still in their possession.

3. The case set up by petitioners who are three real brothers, sons of Rafiuddin, is, that land, i.e., Plot No. 384M, Khata No. 287 situated in village Dhakka, Pargana, Tehsil and District Moradabad was recorded in the name of their father, Rafiuddin in Revenue record. Proceedings under Act, 1976 were initiated by Competent Authority and vide order dated 17.4.1989, passed under Section 8(4) read with Section 9 of Act, 1976, 1632.19 sq. meter of land was declared surplus. Mutation in Revenue record by removing name of petitioners’ father and entering name of State Government was also given effect to. Petitioners, however, claimed that they continued in “actual physical possession” over land in dispute and it was never taken by respondents. In 1999, Repeal Act, 1999 enacted, was adopted in State of U.P. on 18.3.1999 and on that date petitioners, were in possession of land in dispute hence entire proceedings under Act, 1976 stood abated. Reliance is place on a Supreme Court’s judgment in State of U.P. v. Hari Ram, 2013(4) SCC 280.

4. A counter-affidavit has been filed by Respondents-1, 2 and 4 which has been sworn by Sri Surendra Prakash Gupta, Assistant Engineer, Urban Land Ceiling, Moradabad. It is admitted that petitioners’ father-Rafiuddin was recorded as “Transferable Bhumidhar” in respect of land, bearing Gata No. 384M. He filed return under Section 6 vide Return No. 5526. It was registered by Competent Authority as Ceiling Case No. 765/5526. Total area of land was found as 3632.19 sq. meter. After leaving permitted ceiling area of 2000 sq. meter, 1632.19 sq. meter land was found surplus and proposing said land to be declared as surplus, a notice under Section 8(3) of Act, 1976 was issued by registered post on 29.11.1977. Thereagainst, Sri Rafiuddin, father of petitioners, filed objection on 16.1.1978. Thereafter Competent Authority passed order on 16.4.1984 declaring 1632.19 sq. meter of land, in Gata No. 384M surplus. Statement under Section 9 was issued on 16.5.1984 which was serviced upon land owner, Refiuddin, in presence of witness, Sri Mohd. Hussain son of Amir Bux on 19.5.1984. Notification under Section 10(1) of Act, 1976 was published in U.P. Gazette dated 28.2.1986 and notification under Section 10(3) was published in gazette dated 28.1.1989. Thereafter notice under Section 10(5) was issued on 31.3.1989 which was served upon father of Sri Rafiuddin, i.e., Amiruddin and report was submitted by official concerned to this effect on 5.8.1989. Thereafter, Tehsildar, Moradabad, vide report dated 4.5.1989 informed that possession of disputed land was taken on 4.5.1989. Land was handed over by State to Moradabad Development Authority (hereinafter referred to as the “MDA”) on 4.1.2002. It is also stated that vide letter dated 28.8.2015, Incharge Ceiling, MDA has informed that after getting possession of disputed land, said authority has already constructed boundary wall on the land in dispute and land is continuously in their possession.

5. Another counter-affidavit has been filed by respondent No. 3 sworn by Arvind Sharma, Assistant Engineer, MDA. Basic facts as stated in counter-affidavit filed on behalf of Respondents-1, 2 and 4 have been reiterated therein also. Copy of draft statement under Section 8(3) read with Section 9 of Act, 1976, issued by Co