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2003 Supreme(MP) 261

A.K.MISHRA
Bharat Lal – Appellant
Versus
State of M. P. – Respondent


Advocates:
A.L. Patel for petitioners; B .N. Mishra, Govt. Advocate for respondents.

JUDGMENT


Petitioners are assailing the order P-2 dated 11.6.87 and order P-3 dated 13.8.1987 passed by the competent authority acting under Urban Land (Ceiling and Regulation) Act, 1976.


Petitioners have made the further prayer that the proceedings before the competent authority be ordered to have abated in view of the provision contained in section 4 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999. Prayer is also made to direct decision of the application dated 28.4.2000 (P-4) by the competent authority.


Writ petition has been filed on the averment that land has been wrongly declared as surplus and the decision is in contravention to the· dictum of the Apex Court in Atia Mohammadi Begum v. State of U.P. (1993) 2 SCC 546. Petitioners further submit that the Urban Land (Ceiling and Regulation) Act, 1976 has been repealed, no notice under section 10(5) of the Repealed Act, 1976 has been served and possession has not been taken away of the surplus land. No proceedings under section 11, 12,13 and 14 of the Repealed Act, 1976 were initiated or pending on the date of adoption of the Repeal Act, 1999. As the orders are void, hence, invalidity can be set up at any time, h










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