S. NAINAR SUNDARAM, J.

( 1 ) THIS Letters Patent Appeal is directed against the order of the learned single Judge in Special Civil Application no. 1735 of 1984. The petitioners in the Special Civil Application are the appellants in this Letters Patent Appeal. The respondents in the Special Civil application are the respondents in this Letters Patent Appeal. Proceedings got prosecuted against the appellants under the Urban Land (Ceiling and regulation) Act, 1976, hereinafter referred to as the Act. Such proceedings have come up to the stage of taking possession of the surplus land, declared under the Act, as per Sec. 10 (5) of the Act. There is no dispute that the appellants have moved the process under Sec. 21 of the Act desiring not to treat the excess vacant land as excess. The appellants challenged the proceedings under the Act by preferring the Special Civil application. The primary contention that was placed for consideration before the learned single Judge who dealt with the Special Civil Application was that the application under Sec. 21 of the Act is pending and without disposing of the said application, there ought not be prosecution of further process under the Act. On beh

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