High Court of Judicature at Allahabad
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Ram Swaroop Mishra And Others v. State Of U.P. And Others - WRIT - C No. 46953 of 2006  RD-AH 14693 (29 August 2006)
Hon'ble Yatindra Singh,J.
Hon'ble Ran Vijai Singh,J.
1. The land of the petitioners were 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 This Act has been repealed.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 such possession can not be taken from them.
2. We have heard learned Counsel for the petitioners and learned Standing counsel for the respondents.
3. Learned counsel for petitioners is permitted to implead respondent no. 5.
4. It is not disputed that the Act has been repealed and no further proceeding can be taken if the petitioners are in actual possession of the excess land.
5. In the circumstances of the case, the petitioners may file a representation before respondent No.5 within a month. In case any such representation is filed, it may be decided by respondent No.5 by a speaking order, if possible, within three months from the date of receipt of the representation. The petitioner will file certified copy of this order, other necessary documents and a duly stamped self-addressed envelop along with the representation. The respondent No.5 after taking decision will communicate the same to the petitioners.
6. The parties shall maintain status quo till disposal of the petitioners' representation.
7. With these observations, the writ petition is disposed of.
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