KRISHNA MURARI KHARE & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Krishna Murari Khare & Others v. State Of U.P. & Another - WRIT - C No. 41731 of 2003 [2006] RD-AH 19195 (14 November 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

WP No. 41731 of 2003

HON'BLE YATINDRA SINGH, J

HON'BLE RAN VIJAI SINGH, J.

1. The petitioner is permitted to implead respondent no. 3.

2. The land of the petitioners/petitioners' predecessor was declared as surplus land under the Urban Ceiling Act. This Act has been repealed. According to the petitioners, they are still in actual possession over the land declared as surplus land and as such possession can not be taken from them.

3. We have heard counsel for the petitioners and standing counsel for the respondents.

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 It is not disputed that the Act has been repealed and no further proceeding can be taken if the petitioners are in actual possession of the excess land.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. 3 within a month. In case any such representation is filed, it may be decided by respondent no. 3 by a speaking order, if possible, within three months from the date of receipt of the representation. The petitioners will file a certified copy of this order; other necessary documents and a duly stamped self-addressed envelope along with their representation.  Respondent no. 3 after taking decision will communicate the same to the petitioners. Till the disposal of the petitioners' representation the parties shall maintain status quo.

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

Date: 14.11.2006

BBL

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