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2025 DAILYLAW 73053 (ALL)

SMT SOMWATI AND 5 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/24497/2025 · 2025-07-28

Saurabh Dwivedi Registrar J Cpc, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125283-DB Court No. - 39 Case :- WRIT - C No. - 24497 of 2025 Petitioner :- Smt Somwati And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akash Singh,Pawan Kumar Tripathi,Santosh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Mr. Santosh Kumar Singh, learned advocate appears on behalf of petitioners. He submits, petitioners are in possession of the land. They sought mutation and followed up by representations dated 19th August, 2020 and 21st February, 2025, for mutation in respect of Gata nos. 28, 99, 129, 143, 186 and 226 situate in village Panjora. Further, Gata nos. 1791 and 1792 situate in village Shekhpur Kadeem, all in district- Saharanpur. 2. He draws attention to order dated 23rd May, 2007 in his clients' earlier writ petition, disposing of it. Operative paragraph from said order is reproduced below. "This petition has been filed challenging the proceedings under the Urban Land (Ceiling and Regularisation) Act, 1976. This Act has been repealed by the Urban Land (Ceiling and Regularisation) Repeal Act, 1999. The effect of repeal is that if the actual physical possession of land declared as surplus land is not taken over, all proceedings under the Urban Land (Ceiling and Regularisation) Act, 1976 stand abated. In the counter affidavit it has not been stated specifically as to when physical and actual possession has been taken by the State and whether compensation has been paid to the petitioner or not. If the petitioner is in actual physical possession over the land in question, his possession shall not be disturbed." (emphasis supplied) He seeks direction for consideration of his clients' representations. 3. Dr. D.K. Tiwari, learned advocate, Additional Chief Standing Counsel appears on behalf of State. He submits, relied upon order of this Court was passed on 23rd May, 2007. The facts have not yet been decided. 4. Petitioners are following up on their claim of possession asserting that possession is with them. Relied upon order dated 23rd May, 2007 made reference to omission of State to state in its counter affidavit with regard to physical and actual possession taken by it on compensation paid to petitioners. Contention is, the facts need to be ascertained. Decision be taken on petitioners' representations dated 19th August, 2020 and 21st February, 2025 submitted to respondent no.3 (the competent authority) and made known to petitioners. They will communicate certified copy of this order to said respondent, for decision thereon being made known, within four weeks thereafter. 5. The writ petition is disposed of. Order Date :- 29.7.2025 Gurpreet Singh (Arindam Sinha, J.) (Dr. Y. K. Srivastava,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad