JUDGMENT :

Suneet Kumar, J.

1. Heard learned counsel for the parties.

2. The petitioner claims to be the subsequent purchaser of a portion of the surplus land declared under the Urban Land (Ceiling and Regulation) Act, 1976 (for Short “the Act”) from the land holder, vide sale deed dated 25.01.1994.

3. By the instant writ petition, petitioner seeks a direction to the respondents not to dispossess the petitioner from Plot No. 12633 situated in Village Basaratpur Tappa, Qasba, Pargana Haveli, Tehsil Sadar, District Gorakhpur, i.e. the land which came to be declared surplus on 23.09.1978. Further, direction has also been sought to quash the order dated 27.04.2011, passed by the second respondent District Magistrate, Gorakhpur, rejecting the representation of the petitioner.

4. The facts, inter se, the parties are not in dispute that the land holder Khelai, son of, late Ganpat, submitted a return no. 254 under Section 6(1) of the Act, in respect of Plots No. 1263, 1538 and a residential house. The competent authority upon survey prepared a draft statement and the returnee was subjected to notice to file objection under Section 8(3) of the Act. Khelai filed objections on 15.07.1978, the comp