JUDGMENT :

PANKAJ BHATIA, J.

1. Heard learned counsel for the petitioners and learned counsel for the State.

2. The present petition has been filed by the petitioners mainly seeking a writ of mandamus declaring the entire proceedings initiated against the petitioners under the Urban Land (Ceiling and Regulation) Act No.36 of 1976 as abated in view of the Repealing Act of 1999.

3. The facts in brief, in all the above said three writ petitions, narrated separately, are being decided together by this common judgment.

4. The facts in the case of Mohammad Suaif, Writ Petition No.12696 of 2009, are as under:-

The original land holding was held by the grand father of the petitioner late Anwarul Haq who was the original tenure holder of Khasra Plot nos.219, 220(M), 221(M), 277(M), 184/1, 185/1(M), 561/3(M), 210/1(M), & 276, total measuring 1789.92 Sq. Meters situated at village Dara Shivpuri Swadvai District Saharanpur. After his death, his three sons became the owners of the entire property and ultimately the property was succeeded by the petitioners. It is stated that the petitioners filed return under Section 6 (1) of the Urban Land (Ceiling and Regulation) Act No.33 of 1976 (herein after referred to as 'the Act') and a draft statement was prepared under Section 8 (3) of the said Act. The land was declared as surplus land on 23.3.1979 by the competent authority under the Urban Land Ceiling Act. It is specifically averred that the names of the petitioners continued in the revenue records and a specific assertion is made that the petitioners are in actual physical possession of the plots in question. It is stated that as on the date of Repeal of the Act, the petitioner's name was duly recorded over the property in dispute and the name of State Government was not mutated in the revenue record nor was the actual physical possession taken nor was any possession ever given by the petitioners in respect of the said property.

5. The State of Uttar Pradesh has filed a counter affidavit stating that a notice under Section 10 (5) of the Act, was sent to the petitioners on 7.2.1996 which was served on Ikramul Haq on 12.11.1996 through the process server and on 9.2.1987, the possession was taken voluntarily in accordance with law. There is no denial of the averments that as on the date of Repeal, the name of the State Government was not mutated in the revenue records. However, it has been stated that on 28.1.2002 the land in question was transferred to Saharanpur Development Authority and is under control of the said development authority. The State Government has relied upon an Annexure (CA-1 to the counter affidavit) showing the manner of taking possession. A perusal of the said annexure reveals that no description has been given as to who has taken the possession and even the name of the person given possession is not recorded in the said possession note. No signatures of Lekhpal or the Accountant are borne out from the perusal of the possession memo. The said possession memo is dated 9.2.1987. The said possession memo states that a declaration of possession was made.

6. The facts in Writ Petition No.12665 of 2009 filed by Imranullah, are as under:-

Anwarul Haq was the original tenure holder of Khasra Plot Nos.219, 220(M), 221(M), 277(M), 184/1, 185/1(M), 561/3(M), 210/1(M) & 276, situated at village Dara Shivpuri Swadvai District Saharanpur and after his death, his three sons inherited the entire property. The tenure holders filed their return under Section 6 (1) of the Urban Land (Ceiling and Regulation) Act, 1973 and after the scrutiny, a draft statement was prepared under Section 8 (3) of the Act. Subsequently vide order dated 22.5.1997 passed under Section 8 (4) of the Act, the objections filed by the petitioners were rejected. It is specifically stated that even after the passing of the order under section 8 (4) of the Act, the names of