High Court of Judicature at Allahabad
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Smt. Kamla Pandya v. The Collector, Alld. And Others - WRIT - C No. 14280 of 2000  RD-AH 19837 (22 November 2006)
WP No. 14280 of 2000
Hon'ble Yatindra Singh, J
Hon'ble Ajai Kumar 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 This Act has been repealed.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, she is still in actual possession over the land declared as surplus land and as such possession can not be taken from her.
2. We have heard counsel for the petitioner, the standing counsel and Sri Ashok Pandey for the respondents.
3. It is not disputed that the Act has been repealed and no further proceeding can be taken if the petitioner is in actual possession of the excess land.
4. In the circumstances of the case, the petitioner may file a representation before respondent no. 1 within a month. In case any such 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 her representation. Respondent no. 1 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.
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