VidhiSangh

Supreme Court of India · 13/10/2023

STATE OF U.P. & ANR versus EHSAN & ANR

[2023] 13 S.C.R. 905 · 2023 INSC 906

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside a writ ruling granting a landholder the benefit of the urban land-ceiling repeal. Actual possession before repeal was seriously disputed and the record was inconclusive, particularly given the long delay and earlier proceedings that left possession undecided. On this unusual procedural history, a civil suit was available. The Court dismissed the writ without prejudice to that remedy and left actual possession open for determination.

Issues

  1. Whether the High Court should determine the disputed taking of possession on the available writ record.
  2. Whether a civil suit was available notwithstanding the ceiling legislation’s ordinary remedial scheme.

Provisions considered

Held

Result

State’s appeal allowed. High Court order set aside and writ petition dismissed without prejudice to the landholder’s right to institute a suit. Parties to bear their own costs; actual possession issue expressly left open.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 905.