Gopala Gowda, J.

The correctness of the order dated 27/6/2005 passed by the learned single Judge allowing W.P.No.28205/2002 and quashing the orders impugned therein, is questioned in this appeal. The learned single Judge has held that the first respondent herein is entitled to retain the land bearing Sy.No.53/6B of Ullal Village in Mangalore Taluk as owner. The said land was declared as `excess land under the repealed Urban Land (Ceiling & Regulations) Act (hereinafter referred to as ULC Act) and allotted to the appellant herein without taking possession of the same from the first respondent as required under Section. 10(6) of the U.L.C Act.

2. The order dated 4/7/1995 passed by the Deputy Commissioner declaring the land as excess, was questioned in appeal by first respondents husband before the Divisional Commissioner. During the pendency of the said appeal, the ULC Act was repealed by Urban Land (Ceiling and Regulation) Repeal Act 1999 (hereinafter referred to as Repeal Act). As per Section.3 of this Act, the pending proceedings stood abated. Therefore, the Divisional Commissioner by order dated 23/10/1999 disposed of the appeal accordingly. Both the orders of the Depu