Neutral Citation No. - 2025:AHC-LKO:17444-DB Court No. - 2 Case :- WRIT - C No. - 7320 of 2022 Petitioner :- Smt. Geeta Shukla And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue U.P. Civil Secrett. Lucknow And Others Counsel for Petitioner :- Birendra Narain Shukla,Prabhaw Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. (Order on Application for Substitution) This is an application for substitution. It is within time. No objections have been filed against the substitution application. Let necessary corrections be made in the Writ Petition during the course of the day. The instant application stands allowed. (Order on Memo of Writ Petition) The petitioners had earlier filed a Writ Petition bearing No.2463 (M/B) of 2009; Triloki & Others Vs. State of U.P. & Others challenging the order, by which the land in question was declared surplus, in view of subsequent repeal of the Urban Land (Ceiling and Regulation) Act, 1976 by the Urban Land (Ceiling and Regulation) Repeal Act, 1999. The said Writ Petition was allowed on 09.02.2011 and following order was passed:- "Heard the learned counsel for the petitioners and learned Standing Counsel. With the consent of learned counsel for the parties, this petition is being decided finally. Learned counsel for the petitioners submits that proceedings have been initiated under Urban Land (Ceiling and Regulations) Act, 1976 and the land, which has been declared surplus, the possession of the same has not been taken over. During the pendency of the proceedings,Urban Land (Ceiling and Regulations) Act, 1976 was repealed and Section 4 of the Urban Land (Ceiling and Regulations) Repeal Act, 1999 provides for abatement of the legal proceedings. Learned counsel for the petitioners also submits that the Apex Court in the case of Pt. Madan Swarup Shronya, Public Charitable Trust Versus State of U.P. and others [J.T.2000(3) S.C.391] has held that if possession has been taken over by the State Government, then the proceedings under the Act will not abate but if the possession has not been taken over, the proceedings shall abate. We make it clear that the word possession means actual physical possession. Hence if actual physical possession has been taken over, the proceedings shall not abate otherwise they will abate. Learned counsel for the petitioners submits that in view of the aforesaid legal position, the writ petition may be allowed as the proceedings initiated stand abated. Learned Standing Counsel does not dispute the aforesaid facts. For the reasons stated herein-above, the writ petition is allowed. The respondents are directed not to disturb the peaceful possession of the petitioners over Khasra No.1944M area 7714.57 sq.mt. situated in Village Para, Tehsil, Pargana and District Lucknow declared as surplus land under the provisions of Sections 10(3) and 10(5) of the Urban Land (Ceiling and Regulations) Act, 1976 and further to correct revenue records on necessary steps being taken by the petitioners in that respect." The judgment, as claimed, has attained finality and it was not put to challenge by the opposite party. In spite of it, the names of the petitioners have not been recorded in the revenue records in respect of the land in question, which continued to be recorded as surplus ceiling land. The petitioners should move an application before the Sub Divisional Magistrate concerned under Section 38 of the Uttar Pradesh Revenue Code, 2006, who shall take necessary steps keeping in mind the judgment dated 09.02.2011 passed in the aforesaid Writ Petition after getting the facts verified. The proceedings aforesaid, if initiated within fifteen days, shall be concluded positively within next three months, unless there is any legal impediment, in which case, it shall be recorded in the order sheet and petitioners should be informed. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 26.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench