JUDGMENT :

RAJEEV MISRA, J.

1. Ram Kumar Misra, the writ petitioner has filed present writ petition under Article 226 of the Constitution of India, challenging order dated 30.12.1981 (Annexure 1 to the writ petition), passed by respondent No.1 Competent Authority (Urban Land Ceiling ), Bareilly, whereby an area of 8258.21 Sq-meters of land of petitioner has been declared as excess-vacant land and notice dated 24/25.1.2000 (Annexure-4 to the writ petition) also issued by respondent No.1 purported to be under Section 11 (8) of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as 'Act 1976') asking the petitioner to file his objections, if any, alongwith evidence before respondent-1 on or before 3.2.2000 to the proposed compensation in lieu of land belonging to petitioner being declared as excess-vacant land. Apart from aforesaid reliefs, petitioner has also prayed for a writ of mandamus commanding respondents not to dispossess petitioner from land in dispute.

2. We have heard Sri Vijay Bahadur Singh, learned Senior Advocate assisted by Sri P.H. Vashishtha, learned counsel for petitioner, Mrs. Subhash Rathi, learned Additional Chief Standing Counsel for State-respondents and Sri Tejaswi Mishra, Advocate holding brief of Sri Vineet Pandey, learned counsel appearing for respondent no. 3 Bareilly Development Authority (hereinafter referred to as 'B.D.A').

3. It transpires from record that petitioner is a recorded Tenure Holder of survey plot Nos. 587 area 0.0468 hectares, 588 area 0.333 hectares and 589 area 0.721 hectare, situate in village, Haroo Nagla, District Bareilly.

4. Act of 1976, came into force on 17.2.1976. By means of Act 1976, a ceiling limit regarding land which can be held by a Tenure Holder was provided. Section 4 of Act 1976 provides for different ceiling limits in different Urban Agglomerations falling in different categories. Section 6 mandates that every person who is holding land in excess of concerned ceiling limit shall file an statement before competent authority regarding land held by him. After the statement has been filed by Tenure Holder, competent authority under section 6 of Act 1976 after such survey, as it may deem fit to make, shall prepare a draft statement in respect of person who has filed the statement. Thereafter in compliance of section 8 of Act 1976, Competent Authority is required to issue a draft statement to Tenure Holder as regards vacant land held by him in excess of ceiling limit. In turn by virtue of sub section (4) of section 8, Tenure Holder is required to file his objections to draft statement within a period of 30 days from date of service of draft statement/notice under section 8 of Act 1976. After disposal of objections preferred by Tenure Holder, Competent Authority is required to decide the same. Thereafter as per section 9 of Act 1976, Competent Authority is required to prepare final statement determining vacant land held by a Tenure Holder in excess of ceiling limit. Section 9 further provides that final statement shall be served on Tenure Holder as per the procedure provided under section 8 (3) of Act 1976. Section 10 of Act 1976 contemplates that after service of final statement prepared under section 9 of Act 1976, Competent Authority shall cause a notification to be published in Official Gazette of the State concerned regarding land held by such person in excess of ceiling limit. The notification is to further state that such vacant land is to be acquired by concerned State Government and claims of all person interested in such vacant land may be made by them personally or by an Agent giving particulars of the nature of their interests in such land. Sub section (2) of section 10 provides for the disposal of objections preferred by such person who claims interest in the land proposed to be acquired. Sub section (3) of section 10 contemplates deemed ac