High Court of Judicature at Allahabad
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Smt. Nanhi & Others v. State Of U.P. & Others - WRIT - C No. 14513 of 2007  RD-AH 4799 (19 March 2007)
Hon. Anjani Kumar, J.
Hon. Dilip Gupta, J.
This petition has been filed for quashing the order dated 15th December, 2006 passed by the Joint Secretary, Government of U.P.
The records indicate that by the order dated 30th November, 1985 the prescribed authority declared certain area as excess land under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the ''Act'). The petitioner filed Writ Petition No.24887 of 2001 which was disposed of on 25th April, 2003 with a direction that where the possession of the land had also been taken, the proceedings before the competent authority will not abate under the provisions of Urban Land (Ceiling and Repeal) Act, 1999. The Joint Secretary, Government of U.P. in the impugned order has noticed that after the proceedings that had been taken under Sections 10(3), 10(5) and 10(6) of the Act, the land vested in the State and possession had also been taken. It has also been noticed in the impugned order that after the death of Sri Nanhoo no steps had been taken for substitution of the heirs.
We are of the considered opinion that the proceedings shall not abate under the provisions of Repeal Act, as a categorical finding has been recorded that possession of the land had been taken.
The writ petition is, accordingly, dismissed.
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