MUSTAQIM AHMAD versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mustaqim Ahmad v. State Of U.P. & Others - WRIT - C No. 49741 of 2006 [2006] RD-AH 15695 (8 September 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

WP No. 49741 of 2006

HON'BLE YATINDRA SINGH, J

HON'BLE RAN VIJAI SINGH, J.

1. 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 This Act has been repealed.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 petitioner, he is still in actual possession over the land declared as surplus land and as such possession can not be taken from him.

2. We have heard counsel for the petitioner and 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 It is not disputed that the Act has been repealed and no further proceeding can be taken if the petitioner/petitioner's predecessor is in actual possession of the excess land.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. 2 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. 2 after taking decision will communicate the same to the petitioner. Till the disposal of the petitioner's representation the parties shall maintain status quo.

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

Date: 8.9.2006

RN

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