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2025 DAILYLAW 143266 (ALL)

SMT. SHASHI VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOUSING and URBAN LKO. and ORS.

WRIC/28252/2021 · 2025-09-25

Brij Raj Singh, Sangeeta Chandra

Civil Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 28252 of 2021 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Today, the matter was taken up on personal affidavit of Ms. Jyoti Gautam, Additional District Magistrate (Civil Supply)/Competent Authority, Urban Land Ceiling, Lucknow wherein it has been stated that the record relating to forms ULC-I, ULIC-II and ULC-III were available in the record room but inadvertently could not be produced before the court. In the register containing forms ULC-I, ULC-II and ULC-III available in the record room, there is no mention of any proceedings after stage of Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 (Hereinafter referred to the "Act") to have been undertaken by the authorities. 2. There is nothing on record to show as to whether any further steps had been taken. The relevant extract of the register containing details of the proceedings undertaken with respect to land in dispute have been annexed as Annexure No.P.A.1 to the personal affidavit. 3. Since the personal affidavit has been filed by the competent authority, we do not see any reason to doubt the deponent who has gone through the record herself and has stated before this Court that no proceedings after the stage of Section 10 (5) of the Act was undertaken. Versus Counsel for Petitioner(s) : Manish Misra, Anuj Kudesia, Dileep Pandey, Dinesh Kumar Singh, Vikas Kumar Agrawal Counsel for Respondent(s) : C.S.C. Smt. Shashi Verma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Housing And Urban Lko. And Ors. .....Respondent(s) 4. The writ petition is allowed in the light of the judgement of this Court in State of U.P. and another Vs. Surendra Pratap and others : Civil Appeal No.5102 of 2016 dated 13.5.2016 wherein in similar case although the High Court had dismissed the writ petition but the appeal was allowed by the Hon'ble Supreme Court and it was observed that if any transfer has been made of the property as surplus land by the State Government, it would be void. 5. The order dated 8.9.1978 passed by the prescribed authority, Urban Ceiling Act is quashed. Writ of mandamus is issued to the respondents not to interfere in the peaceful possession of the petitioner over the land in question. September 25, 2025 Shukla WRIC No. 28252 of 2021 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench