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BHOJRAJ AND OTHERS versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Bhojraj And Others v. State Of U.P. And Others - WRIT - C No. 6853 of 2007 [2007] RD-AH 2213 (12 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

WP No. 6853 of 2007

HON'BLE YATINDRA SINGH, J

HON'BLE RAN VIJAI SINGH, J.

1. We have heard counsel for the petitioner and standing counsel for the respondents.

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 This Act has been repealed.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 possession over the land declared as surplus land and as such possession can not be taken from him. He further submits that even if possession is taken from him on paper, it should be restored to him as no compensation has been paid to him and in any case he is willing to refund the amount.

3. It is not disputed that the Act has been repealed and further action can only be taken in accordance with the repealing Act.

4. In the circumstances of the case, the petitioner may file a representation before respondent no. 2 within a month. In case any such representation is filed, it may be decided by respondent no. 2 by a speaking order, if possible, within three months from the date of receipt of the representation. The petitioner will file a certified copy of this order; other necessary documents and a duly stamped self-addressed envelope along with his representation.  Respondent no. 2 after taking decision will communicate the same to the petitioner. Till the disposal of the petitioners' representation the parties shall maintain status quo.

5. With these directions the writ petition is disposed of.  

Date: 12.2.2007

RN


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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