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2023 Supreme(All) 546

SALIL KUMAR RAI, ARUN KUMAR SINGH DESHWAL
Netra Pal Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioners: Satyendra Nath Tiwari, Anupam Kulshreshtha, Mahesh Gautam.

ORDER :

(Arun Kumar Singh Deshwal, J.)

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

2. The present petition has been filed with the following prayers:-

    "i) Issue a writ, order or direction in the nature of mandamus declaring all the proceedings over the land in question measuring 2971.7566 sq. meter, situated in Village Dhandhupura Tajganj, Tehsil Sadar, District Agra belonging to the petitioners as abated in view of the provisions of Urban Land (Ceiling and Regulation) Repeal Act, 1999.

ii) issue a writ, order or direction in the nature of Mandamus commanding the respondents not to interfere in peaceful occupation and possession over the land in question of the petitioners measuring 2971.7566 sq. meter, situated in Village Dhandhupura Tajganj, Tehsil Sadar, District Agra."

3. The contention of the petitioners is that the ceiling proceeding under U.P. Urban Land (Ceiling and Regulation) Repeal Act, 1999 (hereinafter referred to as "Act, 1999") was initiated against their father Chiddan Singh by order dated 4.7.1979 passed u/s 8(4) of the Act, 1999 declaring 2971.7566 sq. meters as surplus land in Village Dhandhupura Tajganj, Tehsil Sadar, Di

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