By the Court.—Heard the learned Standing Counsel for the State and Sri Madhusudan Dikshit for the respondent Nos. 1 to 5.

2. The State has filed this writ petition assailing the order passed by the Collector Saharanpur dated 29.10.2010 primarily on two grounds, namely, that the Collector had no jurisdiction in the matter to pass any such order relating to the declaration of possession or otherwise, which could have been done only by the competent authority under the Urban Land (Ceiling & Regulation) Act, 1976. The other submission raised by the learned Standing counsel is that the possession of the disputed land from the tenure holder had been taken as per the provisions of Section 10(5) of the Urban Land (Ceiling & Regulation) Act, 1976, and consequently, once the possession had been taken over, the finding of the Collector that actual physical possession remained with the respondents is of no consequence keeping in view the various pronouncements of this Court as well as the Apex Court. The learned Standing Counsel therefore submits that once the possession had been taken over and it had been handed over to the Saharanpur Development Authority, there was no occasion for t