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Allahabad High Court

PREM NAJAR SINGH @ MUNNA SINGH AND ANOTHERversusSTATE OF U.P. THRU SECY. AND OTHERS

Decided

Holding

The petitioners are entitled to the relief; the writ petition is allowed.

Summary

The petitioners, Prem Najar Singh and others, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh to expunge the Urban Ceiling name from the revenue records of their one‑third share in several Arazi lands in Kanpur Nagar and to prevent their dispossession of the surplus declared land. The State filed a counter‑affidavit stating that possession of the land had not been taken prior to the enforcement of the Urban Land (Ceiling and Regulation) Repeal Act, 1999. The Court also rejected an impleadment application by Geeta Rathore, holding she was neither a necessary nor a proper party. Relying on the Supreme Court decisions in State of UP v. Hari Ram, AP Electrical Equipment Corp. v. Tehsildar, and Dalsukhbhai Bachubhai Satasia v. State of Gujarat, the Court found that the petitioners were entitled to the relief sought. Consequently, the writ petition was allowed, directing the respondents to restore the petitioners' names in the revenue records and to refrain from dispossessing them.

Issues considered

  • Whether the petitioners are entitled to have the Urban Ceiling name expunged from the revenue records of their one‑third share in the specified Arazi lands under the Urban Land (Ceiling and Regulation) Repeal Act, 1999.
  • Whether the State can dispossess the petitioners of the surplus declared land when possession was not taken before the repeal Act came into force.
  • Whether the impleadment of Geeta Rathore is necessary or proper in the proceedings.

Legislation cited

Subjects

  • Urban Land Ceiling
  • Repeal Act
  • Mandamus
  • Revenue record
  • Land possession
  • Writ petition
  • Supreme Court precedent
  • Impleadment

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
                                WRIT - C No. - 15217 of 2013

Prem Najar Singh @ Munna Singh And Another
                                                                                  .....Petitioner(s)
                                               Versus

State Of U.P. Thru Secy. And Others
                                                                               .....Respondent(s)

Counsel for Petitioner(s)                  : Ajay Kumar, Ashish Kumar, B.D.
                                             Shukla, Girish Singh, K.K. Tripathi,
                                             P.K. Singh, Pooja Agarwal
Counsel for Respondent(s)                  : Abhinava Krishna Srivastava, Ajeet
                                             Kumar Singh, C.S.C., Q.H. Siddiqui

Court No. - 40
                      HON'BLE SARAL SRIVASTAVA, J.
                      HON'BLE SUDHANSHU CHAUHAN, J.

(Order on Civil Misc. Impleadment Application No. 167516 of 2023)

From the perusal of the impleadment application we find that Geeta
Rathore is neither a necessary nor a proper party in the case, therefore, we
reject the impleadment application.

However, it is open for applicant, Geeta Rathore to avail appropriate
remedy under law for redressal of her grievance.

(Order on Writ Petition)

Supplementary counter affidavit filed today is taken on record.

Heard learned counsel for the petitioners and learned Standing Counsel.

Petitioners by means of the present writ petition have prayed for
following reliefs:

"A) Issue a writ, order or direction in the nature of mandamus commanding the respondents to expunge

the name of Urban Ceiling from the 1/3rd share of Arazi No. 17, 18, 19, 20, 610, 611-A, 612, 620, 625,

744, 725, 786, 787, 788, 836, 247, 276, 197, 276-A, 395 of 1/3 rd area 19904.59 Square Meter and Arazi

No. 609, 635, 636, 783, 709, of 1/3 rd area 2628.90 Suqare Meter, (total area 23137.12 Square Meter

situated in Village Arra, Paragna, Tehasil and District Kanpur Nagar and restore the name of petitioners

in respect of their share in revenue record in pursuance of the Urban Land (Ceiling and Regulation)
                                                                                                                 WRIC No. 15217 of 2013
                                                                                2


                                    Repeal Act No.5 of 1999.


                                    B) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to

                                    dispossess the petitioners from the surplus declared land i.e. 1/3rd share of Arazi No. 17, 18, 19, 20 610,

                                    611-A, 612, 620, 625, 744, 725, 786, 787, 788, 836, 247, 276, 197, 276-A, 395 of 1/3rd area 19904. 59

                                    Square Meter and Arazi No. 609, 635, 636, 783, 709 of 1/3 rd area 2628.90 Square Meter, (total area

                                    23137.12 square meter, after deducting 1000 square meter), Total Area 22137.12 Square Meter situated

                                    in Village Arra, Paragana, Tehsil and District Kanpur Nagar in pursuance of the Urban Land (Ceiling &

                                    Regulation) Repealing Act, 1999 and Govt. Order dated 9-8-2000 (Annexure No. 6 to the writ petition)."


                                    In compliance to the earlier orders of this Court the respondents have filed
                                    counter affidavit in which the respondents have categorically stated that
                                    the possession of the land has not been taken. In the instant case the
                                    respondents have admitted that the possession of the land has not been
                                    transferred to the State prior to the enforcement of the Urban Land
                                    (Ceiling and Regulation) Repeal Act, 1999.

                                    In view of the above admitted fact that the possession of the land has not
                                    been taken by the respondents on the date of enforcement of the Repeal
                                    Act, 1999, we are of the view that the petitioners are entitled for the
                                    reliefs prayed for in view of the judgment of the Apex Court in the case
                                    of State of UP vs Hari Ram, (2013) 4 SCC 280, AP Electrical
                                    Equipment Corporation vs Tehsildar and others, 2025 SCC
                                    Online SC 447 and Dalsukhbhai Bachubhai Satasia and others
                                    vs State of Gujarat and others, AIR 2026 SC 475.

                                    Accordingly the writ petition is allowed.

                                    Original records produced by the learned Standing Counsel are returned.



                                                                        (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)
                                    September 8, 2026
                                    Nadeem




Digitally signed by :-
NADEEM AHMAD
High Court of Judicature at Allahabad


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