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Sabir v. District Judge & Others - WRIT - C No. 51205 of 2002 [2007] RD-AH 710 (11 January 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.The land of the 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 This Act has been repealed.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 them.

2. We have heard learned Counsel for the petitioner and learned Standing counsel for the respondents.

3. It is not disputed that the Act has been repealed and no further proceeding can be taken if the petitioner is in actual physical possession of the excess land.

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.4  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.4 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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