Rajesh Kumar Gupta vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 524

SUNEET KUMAR, RAJENDRA KUMAR IV
Rajesh Kumar Gupta – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Krishna Mohan Misra.

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 buildin