By the Court.—Heard Sri S.K.Tyagi, Advocate, holding brief of Sri W.A.Siddiqui, learned counsel for petitioner and learned Additional Chief Standing Counsel for respondents.

2. Petitioner, claiming benefit of Urban Land (Ceiling & Regulation) Repeal Act, 1999 (hereinafter referred to as the “Repeal Act, 1999”), has 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 petitioner cannot be dispossessed from land in dispute which is still in their possession.

3. The case set up by petitioner is that she and her sister Smt. Rashidan are co-owner of 1/2 share of Plot No. 410-A, area 242.82 Sq.Meter, 410-B area 490.41 Sq.Meter and plot No. 271 area 5220 Sq. Meter situated in village Dhakka, Tehsil and District Moradabad including residential house area 44.58 Sq. Meter. The aforesaid land initially belong to petitioner’s father Habibullah (now deceased). Proceedings under Act, 1976 were initiated in respect to aforesaid property and vide order dated 29.12.1977, 1241.71 Sq.Meter land was declared surplus. It is said that Act, 1976 has been repealed by Repeal Act, 1999 and it is provided under Sections 3 and 4 thereof that if possession of land declared surplus under Act, 1976 is not taken by the authorities and have been continuing with land owner, the ceiling proceedings shall abate and after Repeal Act, 1999, the land therefore, will remain with land owner.

4. Assailing that land in question is still in possession of petitioner and it was never taken by Competent Authority, present writ petition has been filed seeking mandamus commanding respondents not to interfere in peaceful possession of petitioner in respect of plot No. 271 area 1241.71 Sq.Meter, situated in Village Dhakka, Tehsil & district Moradabad, which has been succeeded by petitioner and her sister after death of their father.

5. A counter-affidavit has been filed by Respondents-1, 2 and 3 which has been sworn by Sri Surendra Prakash Gupta, Assistant Engineer, Urban Land Ceiling, Moradabad stating that return in Form No. 330 was filed by Sri Habibullah son of Bashir resident of Village Dhakka, Moradabad under Section 6 of Act, 1976 and it was registered as Case No. 735/330. Land owner had total land of 3241.71 Sq.Meter hence, after leaving permitted ceiling area of 2000 Sq.Meter, rest 1241.71 Sq.Meter was declared surplus and a draft statement under Section 8(3) of Act, 1976 was forwarded to Sri Habibullah by registered letter dated 19.11.1977. It was received by him on 20.11.1977. Thereafter, he did not file any objection. On 29.12.1977, after expiry of period prescribed for filing objection, order under Section 8(4) of Act, 1976 was passed declaring 1241.71 Sq.Meter land surplus. Draft statement under Section 9 of Act, 1976 was issued on 29.1.1979 served on Sri Habibullah on 30.1.1979. Notification under Section 10(1) was published in Gazette dated 17.2.1979 and under Section 10(3), it was published on 21.12.1985. Notice under Section 10(5) was issued on 28.2.1986 which was served upon Sri Habibullah on 7.3.1986. Thereafter, possession was taken by Tehsildar Moradabad on 19.3.1986 in presence of witness Maan Singh son of Sri Khoobi. Sri Habibullah filed revision, which was rejected vide order dated 4.5.1988. The surplus land, which was taken in possession by Competent Authority, was handed over to Moradabad Development Authority on 4.1.2002.

6. It is said that land in question is in possession of Moradabad Development Authority (hereinafter referred to as “M.D.A.”) since 2002 and therefore, entire writ petition is founded on false and incorrect statement and deserves to be dismissed.

7. A counter-affidavit on behalf of respondent No. 4 M.D.A. has also been filed wherein basic facts, as stated in the counter-affidavit o