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2019 Supreme(All) 2078

P.K.S.BAGHEL, PANKAJ BHATIA
Ram Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Rajesh Kumar Gupta and Kamlesh Kumar and R.N. Tripathi
For the Respondent: C.S.C. and Brijendra Kumar

ORDER :

Pankaj Bhatia, J.

1. Heard Shri R.N. Tripathi, learned counsel for the petitioners and learned Standing Counsel for the State.

2. The petitioners in the present petition claim to be the owners of Bhumidhari land situate at village Chaka Tehsil Karchhana District Allahabad and claim to be in possession of the property in question since for the last about 65 years.

3. The present petition seeks a writ of mandamus declaring the proceedings initiated against the petitioners under the Urban Land (Ceiling and Regulation) Act No. 36 of 1976 (herein after referred to as 'the Act') as abated in view of the Repealing Act of 1999.

4. It is alleged that a notice under Section 8 (3) of the Act was served upon the petitioners and the father of the petitioners have filed objections against the said notice on 18.9.1979, however, by means of an ex-parte order the land of the petitioners were declared as surplus by the competent authority on 30.11.1979 (Annexure-2 to the writ petition). It is claimed that no further steps were taken in pursuance to the order dated 30.11.1979 and the petitione

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