SMT KUSHUM DEVI AND 2 OTHERS v. THE STATE OF UTTAR PRADESH AND ANOTHER
WRIC/18276/2025 · 2025-08-20
Avnish Saxena, Saurabh Dwivedi Registrar J Cpc
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65648 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65648 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143365-DB Court No. - 39 Case :- WRIT - C No. - 18276 of 2025 Petitioner :- Smt Kushum Devi And 2 Others Respondent :- The State Of Uttar Pradesh And Another Counsel for Petitioner :- Sanjay Pandey Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. Mr. Sanjay Pandey, learned advocate appears on behalf of petitioners and submits, his clients are still in possession of the land, purportedly acquired as surplus in exercise of powers under since repealed Urban Land (Ceiling and Regulation) Act, 1976. He relies on Government Orders (G.O.) to submits, pursuant to the repeal there was administrative decision to return title of the lands to the owners. As the Government got itself mutated in respect of the land, his clients' had made representation dated 21st November, 2024 to respondent no.2 (competent authority), to reverse the mutation. He seeks direction upon said respondent to consider the representation and take necessary action. Mr. Mohan Srivastava, learned advocate, Standing Counsel appears on behalf of State. He relies on, inter alia, judgment of the Supreme Court in The Competent Authority Calcutta, under the Land (Ceiling and Regulation) Act, 1976 vs. David Mantosh reported in (2020) 12 SCC 542, to submit operation of the Act barred interference by civil Court. He also relies on other views taken to oppose the writ petition. Mr. Pandey replies, in David Mantosh (supra), the acquired surplus land had already been dealt with by State of West Bengal. Furthermore, Urban Land
(Ceiling and Regulation) Repeal Act, 1999 was forthwith made applicable in Uttar Pradesh. On query Mr. Pandey reiterates that there be direction for respondent no.2 to consider his clients' representation. Respondent no.2 is directed to consider petitioners' representation dated 21st November, 2024. Petitioners will communicate certified copy of this order along with copy of their representation to said respondent. Within four weeks of the communication, result of the
consideration be made known to petitioners. The writ petition is disposed of.
Order Date :- 21.8.2025 Ashutosh (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad