State of U.P. & Anr. Vs Ehsan & Anr. (Supreme Court of India)
Summary: Supreme Court allowed the State of Uttar Pradesh’s appeal and set aside the High Court order granting the landholder the benefit of the Urban Land (Ceiling and Regulation) Repeal Act, 1999. The dispute concerned 5499.29 square metres of land declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976.
The State asserted that physical possession had been taken on 08.03.1979 after service of notice under Section 10(5), whereas the landholder maintained that actual possession was never taken and that the State’s claim represented only a paper transaction. The High Court had accepted the landholder’s case, principally because the alleged possession was taken before expiry of the statutory 30-day period and there was no evidence of compliance with Section 10(6).
The Supreme Court held that the factum of possession was seriously disputed and depended upon factual and evidentiary determination. It observed that although disputed questions of fact can sometimes be decided in writ jurisdiction, a writ court ordinarily should refrain where evidence is insufficient or inconclusive and oral evidence may be necessary. The Court also considered the substantial delay, absence of Khasra or Khatauni records for the crucial period, previous litigation in which possession remained undecided, and authorities dealing with statutory procedure and delayed challenges.
