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S.M.AKSARI versus D.J.

High Court of Judicature at Allahabad

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S.M.Aksari v. D.J. - WRIT - C No. 9752 of 1988 [2007] RD-AH 2569 (15 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).


(Court No.28)

Civil Misc. Writ Petition No.9752 of 1988

S.M. Askari  vs.  District Judge, Allahabad and others


Heard learned counsel for the petitioner as well as learned standing counsel for the respondents.

This writ petition is directed against order passed by the competent authority under Urban Land (Ceiling and Regulation) Act, 1976 dated 2.11.1983.  Against the said order Ceiling appeal no.144 of 1985 was filed.  District Judge, Allahabad dismissed the appeal on 18.3.1988.  The said order has also been challenged through this writ petition.  By the impugned orders an area of 1083.54 sq.meters of land held by the original petitioner was declared as excess vacant land

In this writ petition stay order was passed on 17.5.1988 directing that petitioner should not be dispossessed from the land in dispute till 23.12.1988.  Learned counsel for the petitioner states the petitioner is still continuing in possession over the land in dispute.   The  Urban Land (Ceiling and Regulation) Act, 1976 has been repealed in 1999.  In respect of land (excess vacant land) where possession has not been taken by the Government proceedings are to be dropped by virtue of the repealing Act.

Accordingly, this writ petition is disposed of with the direction that no further proceedings for taking possession of the excess vacant land determined to be held by the petitioner shall be taken provided that the possession of the land in dispute has not yet been taken by the Government.




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