WRIT - C No. 33222 of 2023 at Allahabad

A.F.R. Neutral Citation No. - 2025:AHC:18575-DB Court No. - 40 Case :- WRIT - C No. - 33222 of 2023 Petitioner :- Span Infra Developers Private Limited Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravi Anand Agarwal,Shreya Gupta Counsel for Respondent :- Abhimanyu Singh,C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. We have heard Mr. Shashi Nandan, learned Senior Advocate assisted by Ms. Shreya Gupta learned counsel appearing on behalf of the petitioner; learned Standing Counsel for the respondents- state and Mr. Abhimanyu Chauhan, learned counsel appearing on behalf of Bareilly Development Authority. 2. The case of the petitioner is that though the land of the petitioner was declared as surplus under the Urban Land (Ceiling and Regulation) Act, 1976 (in short hereinafter referred to as 'Act') but actual physical possession has not been taken and thus he would be entitled to the benefit of sub-section (3) of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (in short hereinafter referred to as 'Repeal Act'). 3. Specific case of the petitioner is that actual physical possession had not been taken and mere symbolic possession would n