High Court of Judicature at Allahabad
Case Law Search
Smt. Shiv Dei & Another v. State Of U.P. - WRIT - C No. 31976 of 2002  RD-AH 239 (4 January 2007)
Hon'ble Yatindra Singh,J.
Hon'ble Ran Vijai Singh, J.
1. Learned counsel for the petitioners is permitted to implead the Collector as respondent no.2.
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 This Act has been repealed.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 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.
3. We have heard learned Counsel for the petitioners 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 It is not disputed that the Act has been repealed and no further proceeding can be taken if the petitioners are in actual physical possession of the excess land.
5. In the circumstances of the case, the petitioners 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 petitioners will file certified copy of this order, other necessary documents and a duly stamped self-addressed envelope along with the representation. The respondent No.2 after taking decision will communicate the same to the petitioners. Till the disposal of the petitioners' representation the parties shall maintain status quo.
6. With these observations the writ petition is disposed of.
Double Click on any word for its dictionary meaning or to get reference material on it.