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Ram Siukh Singh v. State Of U.P. Thru' Collector & Another - WRIT - C No. 17625 of 2003 [2007] RD-AH 2368 (13 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).


Hon'ble Yatindra Singh, J.

Hon'ble Ran Vijai Singh, J.

1. We have heard learned Counsel for the petitioners and learned Standing counsel for the respondents. The petitioner is permitted to implead respondent no.3. With the consent of the counsel for the parties, the petition is heard on merit.

2. The land of the petitioners/ petitioners' predecessor was declared as surplus land under the Urban Ceiling Act. This Act has been repealed. According to the petitioners, they are still in actual physical possession over the land declared as surplus land and as such possession can not be taken from them. They further submit that even if possession is taken from them on paper, it should be restored  to them as no compensation has been paid to them and in any case they are willing to refund the amount.

3. It is not disputed that the Act has been repealed and no further  action can only be  taken  in accordance with the repealing Act.

4. In the circumstances of the case, the petitioners 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 petitioners will file certified copy of this order, other necessary documents and a duly stamped self-addressed envelope along with their representation. The respondent No.3 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 observations the writ petition is disposed of.




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