JUDGMENT :

1. Heard learned counsel for the Shri H.R. Mishra, learned counsel assisted by Shri Krishna Mohan Mishra, learned counsel for the petitioner and learned Standing Counsel.

2. Petitioners by the instant writ petition seek a direction to the State/respondent competent authority to release 3,480 square feet of land of arazi (khasra) No. 24, situated in Village-Muhai Sugharpur, Tappa Haveli, Post Haveli, (Parwatia Shivpuri Colony), Tehsil Sadar, District Gorakhpur, declared surplus under the Urban Land (Ceiling and Regulation) Act 1976 (for short ‘Act’) in view of the Repeal Act No. 15 of 1999, w.e.f. 31 March 1999.

3. The facts giving rise to the instant writ petition, as pleaded are that the petitioners are subsequent purchasers of the land declared excess, i.e. arazi khasra No. 24. The original land owner was one Ram Kisun, son of Kodai, duly recorded in the revenue record.

4. It appears the original land owner submitted statement under Section 6(1) of the Act, being case No. 3658, wherein, khasra No. 62 and 85 at Village-Chilmapur; khasra No. 42 and 43 at Village-Mohai Sugharpur, and khasra No. 43 and 44, at Mirzapur, was filed in the return, including the residential building. Upon survey and inspection, a draft statement came to be prepared under Section 8(1) which was duly served upon the land owner on 17 June 1979, by registered post which appears to have return undelivered, consequently, another notice along with the draft statement was issued on 3 June 1981, duly served on the land owner on 25 June 1981. The land owner did not file any objections with respect to the draft statement. The competent authority noted that the name of the original land owner is recorded in khasra No. 24 of Village-Mohai Sugharpur. Similarly, in respect of other plots, the competent authority passed an order under Section 8(4). Thereafter, final statement came to be issued under Section 9 on 24 August 1981. After the stage of Section 9 of the Act, notifications under Section 10(1) was published in the State Gazette on 17 July 1982, followed by notification under Section 10(3) on 28 July 1990. Consequently, the excess vacant land came to vest with the State, including, khasra No. 24. Thereafter, notice came to be issued under Section 10(5) by the competent authority on 19 December 1992. The authorized representative of the competent authority on 3 August 1996, had taken possession of the surplus vacant land from the original land owner.

5. In paragraph 6 of the writ petition, it is pleaded that arazi khasra No. 24, came to be transferred to the mother of the petitioner, i.e. Smt. Ahilya Devi, in 1985, by registered sale-deed. It is alleged that the name of the Ahilya Devi, came to be mutated in the revenue record, it is claimed that since then petitioners are in possession and have constructed their residential house. It is further submitted that the mother of the petitioner died in 2020, thereafter, petitioners approached the Nagar Mahapalika, Gorakhpur, to get their names mutated in the revenue record. However, since the land in question which originally belonged to Ram Kisun, was declared surplus and vested in the State Government vide notification dated 28 July 1990, it appears that the name of the petitioner was not mutated.

6. Aggrieved, petitioners approached the District Magistrate, Gorakhpur, claiming to be owner in possession of the disputed land over which residential house was constructed in 1985, after purchasing the plot from a Housing Society in the name and style Parvati Housing Co-operative Society Limited. In the representation, petitioner sought release of the property from the ceiling proceedings.

7. In this factual backdrop, it is submitted that in view of Section 3 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short ‘Repeal Act’) which came into effect on 18 March 1999, the land and property of the petitioner be released.

8. Learned counsel for the petitioner submits that petitioner is in possession of