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1998 Supreme(Kar) 413

H.N.TILHARI
YUVARANI KEMPUCH ELUVAJAMMANNIA VARU TRUST, MYSORE – Appellant
Versus
SPECIAL DEPUTY COMMISSIONER AND COMPETENT AUTHORITY UNDER THE URBAN LAND CEILING ACT, MYSORE DISTRICT, MYSORE – Respondent


Advocates:
C.K.Venkatesh, M.H.IBRAHIM, NALINI CHIDAMBARAM, R.N.NARASIMHA MURTHY, R.NAGENDRA NAIDU

H. N. TILHARI, J.

( 1 ) THESE writ petitions raise among others, one and common important question of law of interpretation and impact of Section 20 of urban land ceiling ACT and particularly the question in the context of the facts of the case that if the owner of the land holding land in excess of ceiling area or ceiling limits when applies under Section 20 of the Urban Land Ceiling Act, 1976, hereinafter referred to as the act, whether it is incumbent upon the government or state to dispose of those applications at the earliest and in every case before the stage of publication and service of draft statement under Section 8 (3) of the ACT and disposal of objection under Section 8 (4) and if it has not done so, what is the effect. If the answer to these questions goes in favour of the petitioners, then there may not be any necessity to go on other questions on merits of the case involved in these writ petitions, because in that case, firstly the government may have to be directed to dispose of applications under Section 20 and thereafter the authorities may have to proceed under sections 8 and 9 and 10 onwards of the ACT of 1976. But if the answer is in negative and in favour of th



































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