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SIDDHARTHA VARMA, AJIT SINGH
Jor Singh @ Chhote Lal – Appellant
Versus
State of U. P. , Thru Secy. Administration – Respondent
JUDGMENT :
1. This writ petition has been filed with a prayer that the surplus land comprised in Gata No. 61 areas 204.8 square meter, Gata No. 219 areas 8106.10 square meters, Gata No. 220 areas 1638.80 square meters, Gata No.62 areas 1229.10 square meters, Gata No. 63 areas 4199.10 square meters, Gata No. 64 areas 13127.37 square meters and Gata No. 61 areas 1024.25 square meters of village Teeklapura, Majra Bingawan, Pargana and Tehsil and District - Kanpur Nagar may be entered in the Khataunis in the name of the petitioner. A further prayer has been made that the possession of the total area of 30512.63 sq. meter contained in Gata No. 61 areas 204.8 square meter, Gata No. 219 areas 8106.10 square meters, Gata No. 220 areas 1638.80 square meters, Gata No.62 areas 1229.10 square meters, Gata No. 63 areas 4199.10 square meters, Gata No. 64 areas 13127.37 square meters and Gata No. 61 areas 1024.25 square meters of village Teeklapura, Majra Bingawan, Pargana and Tehsil and District - Kanpur Nagar (herein after referred to as ''the land in question) may not be taken away from the petitioner.
2. The petitioner's case is that when the petitioner's predecessor-in-interest, and thereafter
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....
Failure to issue mandatory notices under the Urban Land Act invalidates state claims of land possession, allowing petitioners to retain ownership rights based on ongoing lawful occupancy.
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....
Delay in asserting rights under land ceiling regulation impacts maintainability of writ petitions; the court dismisses claims due to laches but permits civil recourse.
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