On going through the counter affidavit filed on behalf of the respondents, it appears that the State Government handed over possession of the land to the Allahabad Development Authority. However, no material is available on record to establish that physical possession of the land in question was ever handed over to the Allahabad Development Authority or even that was with the State Government after issuance of the order under sub-section (5) of Section 8 of the Act of 1976. The respondents as such Allahabad Development Authority as well as the State as such miserably failed to prove the physical possession over the disputed land. In absence of such possession, the proceedings under the Act of 1976 stands elapsed in light of the law laid down by the Apex Court in the State of U.P. Vs. Hari Ram, reported in 2013 Law Suit (SC) 195. Accordingly, the petition for writ is allowed. The proceedings initiated against the petitioner under the Act of 1976 stands dropped. Necessary corrections in the revenue record are required to be made by the competent authority at the earliest, as far as possible within a period of two months from the date the petitioner presents certified copy of this order before the respondent no. 2-District Magistrate, Allahabad. The petitioner be permitted to retain with possession of the land. No order as to costs.
