Devendra Pratap Singh and Mrs. Jayashree Tiwari, JJ.:— Heard learned Counsel for the parties.
2. The petitioners are tenure holders of certain land situated in village Chandpur, Pargana Dehat Amanat of district Varanasi and proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 were initiated and certain land was declared as surplus, in 1983. It is pleaded that the actual possession of the excess vacant land was never taken by the respondents and meanwhile the Repeal Act, 1999 came into force on 18.3.1999 and therefore all earlier proceedings based under the Act stood abated and the respondents cannot now on the basis of those orders, take over possession or continue with the entry in their name in the revenue record. Thus, this petition.
3. It is admitted to the parties that possession of vacant land is to be taken either under section 10(5) or section 10(6) of the Act. Admittedly, notice under section 10(5) of the Act was issued only on 3.7.1999, four months after enforcement of the Repeal Act. It is also not denied that the original land holder died on 26.7.1998 and therefore even that notice as issued against a dead person. A Division Bench of this Court in the case of State of U.P v. Hari Ram . 2005 60 ALR 535., has already held that where possession is not taken before the Repeal Act in accordance to law, all proceedings would abate and land would stand restored to the land holders.
4. For the reasons above, this petition succeeds and is allowed and the respondents are directed not to interfere with the possession of the petitioners and to further correct the revenue record accordingly.
5. In the circumstances of the case, no order as to costs.
Petition Allowed.