Waqfs Sajjaidia Kadeem Wa Jadeed Thru. Mutawalli Maulana Kalbe Jawad Naqvi v. State of U.P. Thru.Its Addl. Chief Secy./Prin. Secy. Deptt. of Urban Development Lko. and 4 Others

Allahabad HC4 Jun 2025WRIC/5364/2025

Case brief

AI extract

What is this about?

Writ petition concerning land earlier subject to Urban Ceiling proceedings, challenged in light of the Repeal Act, 1999, with Section 67 U.P. Revenue Code proceedings pending against the petitioner still in possession. Court sought State's response and directed that status quo over the property be maintained until further orders.

What did the court decide?

Status quo ordered to be maintained in respect of the property in question until further orders; matter listed for September 2025.

Waqfs Sajjaidia Kadeem Wa Jadeed Thru. Mutawalli Maulana… — Land Acquisition | Allahabad HC (2025)

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Court No. - 2 Case :- WRIT - C No. - 5364 of 2025 Petitioner :- Waqfs Sajjaidia Kadeem Wa Jadeed Thru. Mutawalli Maulana Kalbe Jawad Naqvi Respondent :- State Of U.P. Thru.Its Addl. Chief Secy./Prin. Secy. Deptt. Of Urban Development Lko. And 4 Others Counsel for Petitioner :- Alina Masoodi,Abhinav Singh,Gaurav Mehrotra,Murtaza Hasnain Khan Counsel for Respondent :- C.S.C.

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Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.

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On 04.06.2025, we had passed the following order:-

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"1. Heard.

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2. The contention of learned counsel for the petitioner is that the Urban Land (Ceiling and Regulation) Act, 1976 has been repealed by the subsequent Urban Land (Ceiling and Regulation) Repeal Act, 1999, hence the challenge to the order dated 02.02.1988 and as the petitioner is still in possession, therefore, status quo is required to be maintained and the petitioner's possession cannot be interfered. Learned counsel for the petitioner has also relied upon a notice issued to the petitioner on 30.11.2024 under Section 67 of the U.P. Revenue Code, 2006 stating that this notice itself is a proof of fact that petitioner is still in possession.

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3. Let the Standing Counsel seek instructions in the matter and file counter affidavit by the next date of listing.

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4. List this matter on 01.07.2025 as fresh."

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Shri Manish Mishra, learned Standing Counsel reiterates what has already been stated in our order dated 04.06.2025 that proceedings under Section 67 of the U.P. Revenue Code, 2006 have been initiated against the petitioner. However, the petitioner's case is that in view of the Repealing Act, 1999 as the petitioner is in possession, therefore, no legal action can be taken against him. He also says that the Urban Ceiling Department of the Government of U.P. has sought time to file a response in the matter.

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In view of the aforesaid and considering the subject matter in issue, it is provided that status quo shall be maintained in respect to the property in question until further orders.

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List/Put up this case in the month of September, 2025 .

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Order Date :- 1.7.2025/Lokesh Kumar

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[Om Prakash Shukla, J.] [Rajan Roy, J.]

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Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Waqfs Sajjaidia Kadeem Wa Jadeed Thru. Mutawalli Maulana Kalbe Jawad Naqvi v. State of U.P. Thru.Its Addl. Chief Secy./Prin. Secy. Deptt. of Urban Development Lko. and 4 Others

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What did the court decide?

Waqfs Sajjaidia Kadeem Wa Jadeed Thru. Mutawalli Maulana Kalbe Jawad Naqvi v. State of U.P. Thru.Its Addl. Chief Secy./Prin. Secy. Deptt. of Urban Development Lko. and 4 Others

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