Allahabad High Court
WRIC/6346/2013 of MANOJ KUMAR Vs STATE OF U.P.THR.PRIN.SECY.HOUSING and URBAN PLANNING and OTHERS on 10 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 6346 of 2013 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 6346 of 2013
Court No. - 2
HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
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1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents.
2. This petition has been filed with the following main prayer:- "Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.1 to 3 to release the land of the petitioner over the Khasra Plot No.262, area 366.89 square meter, situated at Village Chinhat, Pargana, Tehsil and District Lucknow, exempting the same operation of the Urban Land (Ceiling and Regulation) Act, 1976."
3. In pursuance of the order passed earlier by this Court, the original record relating to the Urban Land Ceiling proceedings initiated for declaration of 366.89 sq. mtrs of khasra no.262 of Gram Chinhat, has been produced before this Court.
4. From the same, it is evident that only Section 10(1) notice was issued, and thereafter, 10(3) proceedings and 10(5) notice were issued, which are also on record. Notice under Section 10(5) was issued on 10.07.1982 Versus Counsel for Petitioner(s) : Abhishek Dhaon, Dinesh Kumar Mishra, Mahfooz Alam, Shashank Dhaon Counsel for Respondent(s) : C.S.C., B/S2543 Manoj Kumar .....Petitioner(s) State Of U.P.Thr.Prin.Secy.Housing And Urban Planning And Others .....Respondent(s)
5. Learned Counsel for the petitioner has pointed out that the petitioner is the son of the original tenure holder Mahabir and he has not sold the land in question before 22.03.1999 i.e. before the enforcement of the repeal Act. After the repeal Act, the proceedings under Urban Land (Ceiling and Regulation) Act, 1976, stood abated. He has in fact sold a small portion of khasra no.262 only on 04.12.2010.
6. In view of the law settled by Hon'ble Supreme Court and by this Court, the proceedings having abated on 22.03.1999 and actual physical possession having not been taken from the petitioner, the land shall be restored to the legal heirs of the original tenure holder.
7. Let the Prescribed Authority, Urban Land Ceiling, pass an appropriate order within a period of three months from the date a copy of this order is produced before him.
8. The record is returned to the learned Standing Counsel.
9. The Writ Petition stands allowed to this extent. December 10, 2025 Rahul WRIC No. 6346 of 2013 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench