NDLI: State of U.p. & Anr Vs. Ehsan & Anr

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Urban Land
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration:Whether in exercise of writ jurisdiction the High Court should haverefrained from adjudicating the contentious issue with regard totaking of actual possession of the surplus land from the landholder,when the same was not decided in the previous round of litigationeven though it had arisen for consideration.Urban Land (Ceiling and Regulation) Repeal Act, 1999 – TheHigh Court disposed of the writ petition by judgment andorder dated 08.10.2018 declaring that the land in disputeshall continue to be in possession of the first respondent-original petitioner and would not be treated as surplus landas he is entitled to the benefits of the Urban Land (Ceilingand Regulation) Repeal Act, 1999Held: Having regard to the following: (a) that there was a seriousdispute with regard to taking of possession of the surplus land;(b) that there was a delay of about seven years in filing the firstwrit petition from the date when possession was allegedly takenby the State, after publication of the vesting notification; (c) thatno documentary evidence such as a Khasra or Khatauni of theperiod between alleged date of taking possession and filing ofthe first writ petition was filed by the original petitioner; (d) thatin the earlier two rounds of litigation, the High Court refrainedfrom deciding the issue of possession of the surplus land eventhough that issue had arisen directly between the parties; and(e) that infraction of the prescribed statutory procedure for takingpossession cannot be the sole basis to discard State’s claim ofpossession, when it is stated to have been taken long before thedate the issue is raised, this Court is of the considered view thatthe High Court should have refrained from deciding the issue withregard to taking of actual possession of the surplus land priorto the cut off date specified in the Repeal Act, 1999 – Instead,the writ petitioner should have been relegated to a suit – Theimpugned order passed by the High Court is set aside – Thefirst respondent’s writ petition is dismissed without prejudice tohis right to institute a suit. [Paras 35, 36]
Judge	Hon'ble Mr. Justice Manoj Misra
Neutral Citation	2023 INSC 906
Petitioner	State Of U.p. & Anr
Respondent	Ehsan & Anr
SCR	[2023] 13 S.C.R. 905
Judgement Date	2023-10-13
Case Number	5721

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