HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 15217 of 2013 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. (Order on Civil Misc. Impleadment Application No. 167516 of 2023) From the perusal of the impleadment application we find that Geeta Rathore is neither a necessary nor a proper party in the case, therefore, we reject the impleadment application. However, it is open for applicant, Geeta Rathore to avail appropriate remedy under law for redressal of her grievance. (Order on Writ Petition) Supplementary counter affidavit filed today is taken on record. Heard learned counsel for the petitioners and learned Standing Counsel. Petitioners by means of the present writ petition have prayed for following reliefs: "A) Issue a writ, order or direction in the nature of mandamus commanding the respondents to expunge the name of Urban Ceiling from the 1/3rd share of Arazi No. 17, 18, 19, 20, 610, 611-A, 612, 620, 625, 744, 725, 786, 787, 788, 836, 247, 276, 197, 276-A, 395 of 1/3 rd area 19904.59 Square Meter and Arazi No. 609, 635, 636, 783, 709, of 1/3 rd area 2628.90 Suqare Meter, (total area 23137.12 Square Meter situated in Village Arra, Paragna, Tehasil and District Kanpur Nagar and restore the name of petitioners in respect of their share in revenue record in pursuance of the Urban Land (Ceiling and Regulation) Versus Counsel for Petitioner(s) : Ajay Kumar, Ashish Kumar, B.D. Shukla, Girish Singh, K.K. Tripathi, P.K. Singh, Pooja Agarwal Counsel for Respondent(s) : Abhinava Krishna Srivastava, Ajeet Kumar Singh, C.S.C., Q.H. Siddiqui Prem Najar Singh @ Munna Singh And Another .....Petitioner(s) State Of U.P. Thru Secy. And Others .....Respondent(s) Repeal Act No.5 of 1999. B) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to dispossess the petitioners from the surplus declared land i.e. 1/3rd share of Arazi No. 17, 18, 19, 20 610, 611-A, 612, 620, 625, 744, 725, 786, 787, 788, 836, 247, 276, 197, 276-A, 395 of 1/3rd area 19904. 59 Square Meter and Arazi No. 609, 635, 636, 783, 709 of 1/3 rd area 2628.90 Square Meter, (total area 23137.12 square meter, after deducting 1000 square meter), Total Area 22137.12 Square Meter situated in Village Arra, Paragana, Tehsil and District Kanpur Nagar in pursuance of the Urban Land (Ceiling & Regulation) Repealing Act, 1999 and Govt. Order dated 9-8-2000 (Annexure No. 6 to the writ petition)." In compliance to the earlier orders of this Court the respondents have filed counter affidavit in which the respondents have categorically stated that the possession of the land has not been taken. In the instant case the respondents have admitted that the possession of the land has not been transferred to the State prior to the enforcement of the Urban Land (Ceiling and Regulation) Repeal Act, 1999. In view of the above admitted fact that the possession of the land has not been taken by the respondents on the date of enforcement of the Repeal Act, 1999, we are of the view that the petitioners are entitled for the reliefs prayed for in view of the judgment of the Apex Court in the case of State of UP vs Hari Ram, (2013) 4 SCC 280, AP Electrical Equipment Corporation vs Tehsildar and others, 2025 SCC Online SC 447 and Dalsukhbhai Bachubhai Satasia and others vs State of Gujarat and others, AIR 2026 SC 475. Accordingly the writ petition is allowed. Original records produced by the learned Standing Counsel are returned. September 8, 2026 Nadeem WRIC No. 15217 of 2013 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad