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RAJAN ROY, MANISH KUMAR
Satish Kewlani – Appellant
Versus
State Of U. P. Thr. Prin. Secy. Deptt. Of Revenue Lucknow – Respondent
JUDGMENT :
Heard.
2. The present writ petition has been preferred with the following main prayers:-
ii) Issue a writ, order or direction in the nature of mandamus directing the opposite parties to restore the entries in the name of the petitioner over Gata No. 72, Khata No. 178, area 1606.13 sq. mtrs. situated at Village Chandan, Pargana, Tehsil and District Lucknow, as it was prior to 4.2.2008."
3. Brief facts of the case are that Gata No. 72 (1606.13 sq. mtrs.) situated at village Chandan, Pargana, Tehsil and District Lucknow was recorded in the name of Sukkha, the original tenure holder who was its Bhumidhar with transferable rights. A notice under Section 8(3) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'Act, 1976') was issued in respect of aforesaid land and as per the opposite parties Sukkha did not respond, therefore, the said land measuring 1606.13 sq. mtrs. was
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 court ruled that the State must provide evidence of actual possession for land recorded as surplus; mere vesting does not confer ownership rights post-repeal without taking possession.
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....
The main legal point established in the judgment is that the possession of the land, as per the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the Repeal Act, 1999, had been lega....
The court ruled that actual physical possession must be established for the State to validly claim ownership under the Urban Land (Ceiling and Regulation) Act, 1976, and procedural requirements for n....
It is incumbent upon the competent authority to be in actual possession of the property for substantiating its stand that the provisions of repeal Act would not be applicable.
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