High Court of Judicature at Allahabad
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Mahavir v. State Of U.P. & Another - WRIT - C No. 10036 of 2002  RD-AH 21304 (18 December 2006)
Hon'ble Yatindra Singh,J.
Hon'ble Ran Vijai Singh, J.
1. Counsel for the petitioner is permitted to implead the respondent no.3.
2.The land of the petitioner/ petitioner's predecessor was declared as surplus land under the Urban Ceiling Act. This Act has been repealed. According to the petitioner he is still in actual physical possession over the land declared as surplus land and as such possession can not be taken from him.
3. We have heard learned Counsel for the petitioner and learned Standing counsel for the respondents.
4. It is not disputed that the Act has been repealed and no further proceeding can be taken if the petitioner is in actual physical possession of the excess land.
5. In the circumstances of the case, the petitioner may file a representation before respondent No.3 within a month. In case any such representation is filed, it may be decided by respondent No.3 by a speaking order, if possible, within three months from the date of receipt of the representation. The petitioner will file certified copy of this order, other necessary documents and a duly stamped self-addressed envelope along with the representation. The respondent No.3 after taking decision will communicate the same to the petitioner. Till the disposal of the petitioner's representation the parties shall maintain status quo.
6. With these observations the writ petition is disposed of.
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