Santosh Kumar Mishra Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Santosh Kumar Mishra Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to file an appropriate application before respondent no.2, Competent Authority, Urban Land Ceiling, Prayagraj, District Prayagraj, to get Ceiling Case No. K-2081 of 1976 (State Vs. Vimal Prasad S/o Raj Narayan) abated.

Issue for consideration

Whether mandamus should issue directing the respondents to abate the proceeding of Ceiling Case No. K-2081 of 1976 (State Vs. Vimal Prasad S/o Raj Narayan) under Sections 3(2)(A) and 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 in pursuance of G.O. dated 29.09.2015. +1 more

Court's answer

The petitioner has an available remedy: after promulgation of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, the petitioner may file an application before the competent authority to get Ceiling Case No. K-2081 of 1976 (State Vs. Vimal Prasad S/o Raj Narayan) abated.

Ratio / Principle

On that view of the facts, the writ petition was disposed of with liberty to the petitioner to file an appropriate application before respondent no.2, Competent Authority, Urban Land Ceiling, Prayagraj, District Prayagraj, to get Ceiling Case No. K-2081 of 1976 (State Vs. Vimal Prasad S/o Raj Narayan) abated.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Saral Srivastava and Hon'ble Sudhanshu Chauhan, JJ.; Court No. 40), disposing of Writ-C No. 30719 of 2025 (Santosh Kumar Mishra v. State of U.P. & 2 Others) on October 9, 2025: The petitioner had prayed for mandamus (i) to abate the proceeding of Ceiling Case No. K-2081 of 1976 (State Vs. Vimal Prasad S/o Raj Narayan) concerning land in Village-Sarengapur, Post & Tehsil Karchhana, District Prayagraj, under Sections 3(2)(A) and 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act No. 15 of 1999) in pursuance of G.O. order dated 29.09.2015, and (ii) to maintain status quo on spot and correct the revenue record in the name of the land holder. Observing that after promulgation of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 the petitioner has the remedy of applying before the competent authority for abatement of the ceiling case, the Court disposed of the writ petition with liberty to file an appropriate application before respondent no.2, Competent Authority, Urban Land Ceiling, Prayagraj, District Prayagraj, to obtain the abatement. No precedent was cited and no quantum arose.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 30719 of 2025

Santosh Kumar Mishra

.....Petitioner(s)

	Versus
State Of U.P. And 2 Others	.....Respondent(s)
Counsel for Petitioner(s)	: R.B. Singh
Counsel for Respondent(s)	: C.S.C., Harshit Pandey, Ram Raj Singh

Court No. - 40

HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner by means of the present writ petition has prayed for the following relief:-

"A. Issue a writ, order or direction in the nature of Mandamus directing the Respondents to abate the proceeding of Case Number K-2081 of 1976 (State Vs. Vimal Prasad S/o Raj Narayan) situated in Village-Sarengapur, Post & TehsilKarchhana, District-Prayagraj under section 3 (2) (A) and 4 of The Urban Land (Ceiling and Regulation) Repeal Act, 1999 Act No-(15 of 1999) in pursuance of G.O order dated 29.09.2015.

B. Issue a writ, order or direction in the nature of Mandamus directing the Respondents to maintain the status-quo on spot and correct the revenue record in name of the land holder situated in Village- Sarengapur, Post & Tehsil- Karchhana, DistrictPrayagraj.

C. Issue any other suitable writ order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

The petitioner has remedy of filing application before the competent authority for getting the Ceiling Case No.K-2081 of 1976 (State Vs. Vimal Prasad S/o Raj Narayan) abated after promulgation of the Urban Land (Ceiling and Regulation) Repeal Act, 1999.

WRIC No. 30719 of 2025

2

In such view of the fact, we dispose off the writ petition with liberty to the petitioner to file an appropriate application before the respondent no.2Competent Authority, Urban Land Ceiling Prayagraj, District Prayagraj to get the Ceiling Case No.K-2081 of 1976 (State Vs. Vimal Prasad S/o Raj Narayan) abated.

October 9, 2025 NS

(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad