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Shiv Narain Cheddha v. Colector, Allahabad & Others - WRIT - C No. 25299 of 2000 [2006] RD-AH 11814 (19 July 2006)


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WP No. 25299 of 2000

Hon'ble Yatindra Singh, J

Hon'ble RK Rastogi, J

1. This writ petition is against the action taken by the respondents under the Urban Land Ceiling Act.

2. We have heard counsel for the petitioner, standing counsel and Sri RP Singh for the respondents. It is not disputed that the Urban Land Ceiling Act has been repealed and in case a person continues to be in actual physical possession of the property in dispute, then the entire proceedings have to be abated and no possession can be taken from the person concerned. According to the petitioner he is in actual physical possession, and as such  possession can not be taken from  him now.

3. In the circumstances of the case, the petitioner may file a representation before respondent no. 1 within a month.  In case the representation is filed, it may be decided by respondent no.1 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.1 after taking decision will communicate the same to the petitioner. Till the disposal of representation the parties shall maintain status quo.

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

Dated: 19.7.2006



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