MAHESH CHANDRA TRIPATHI, VIVEK KUMAR SINGH
Mithai Lal – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Raj Karan Yadav, learned counsel for the petitioners; Sri Raj Mohan Upadhyay, learned Standing Counsel for State respondent nos.1 to 2 and Sri Ravi Prakash Pandey, learned counsel for Varanasi Development Authority.
2. By means of this petition, the petitioners have prayed for following reliefs:-
B. Issue a writ, order or direction in the nature of mandamus directing the respondents to abate the proceeding of Case No.323/1613/2166/80-81 (State vs. Musamat, wife of Bachchan Singh) Village Susuwahi, Pargana Dehat Ammanat, District Varanasi under Section 3 (2) (A) of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act No.15 of 1999).
C. Issue a writ, order or direction in the nature of mandamus directing the respondents to correct the revenue record in name of the land holder situated in Village Susuwahi, Pargana Dehat Ammanat, District Varanasi."
3. This writ petition under Article 226 of the Constitution of India has been reported by the office to be 142 d
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The court established that proceedings under the Urban Land (Ceiling and Regulation) Act abate if possession is not taken before the Repeal Act, but claims can be dismissed on grounds of delay.
Delay in asserting rights under land ceiling regulation impacts maintainability of writ petitions; the court dismisses claims due to laches but permits civil recourse.
Timely objection is essential in ceiling proceedings; long delay in seeking judicial intervention leads to barring of relief due to laches, irrespective of alleged possession.
A writ petition challenging dispossession under the Urban Land (Ceiling and Regulation) Act was dismissed due to the petitioner's failure to raise timely claims and the lifting of compensation, which....
The main legal point established in the judgment is the importance of proving possession for the purposes of the Repeal Act and the statutory bar on transfer created by the Urban Land (Ceiling and Re....
The main legal point established in the judgment is that the repeal of the Urban Land (Ceiling and Regulation) Act, 1976 would not confer any benefit on the owner of the land if possession has been t....
(1) Existence of an alternative remedy is not an absolute bar on exercise of writ jurisdiction.(2) Factum of possession is essentially a question of fact – Although there is no hard and fast rule tha....
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