Devi Prasad Singh, Suresh Chandra Chaurasia, JJ. - (1.) HEARD learned Counsel for parties and perused the record. With the consent of the parties' Counsel, we proceed to decide the writ petition finally.
(2.) THE land in dispute falls within the domain of Urban Land (Ceiling and Regulation) Act, 1976. It was repealed by Urban Land (Ceiling and Regulation) Repeal Act, 1999. According to the petitioner's Counsel, after repeal of the Act, the proceedings initiated in pursuance to the Repeal Act became non est and the petitioner is entitled to retain the possession of land in question with hereditary right. Attention of this Court has been invited to the judgment of Hon'ble Supreme Court in the case in Mukarram Ali Khan v. State of U.P. and others : 2007 (68) ALR 470 (SC) : 2007 (56) AIC 9 (SC) and other judgment in Ritesh Tewari and another v. State of U.P. and others : 2011 (84) ALR 292 (SC). In the case of Mukarram Ali Khan (supra), their Lordships of Hon'ble Supreme Court ruled that in view of repeal of 1976 Act (supra) and being adopted by the State of U.P. by a resolution as required under Art. 252(2) of the Constitution and the repealing Act having come into force in the State of U.P. with effect from 18.3.1999, all pending proceedings under 1976 Act shall be treated to have abated. The operative portion of the judgment from Mukarram Ali Khan (supra) is reproduced as under: 2. Though many points were urged in support of the appeal, the primary point urged was that possession has not been taken pursuant to orders passed by the authorities under the Act. An affidavit has been filed indicating that the possession of the land has not been taken and the land in question continues to be in possession of the appellant and his sons. 3. Learned Counsel for the respondent -State and its functionaries on the other hand contended that the point regarding earlier adjudication was not urged before the High Court and therefore the High Court has rightly decided that in the absence of any specific plea a new plea cannot be taken before it.
(3.) IT is to be noted that the Act has been replaced under the Urban Land (Ceiling and Regulation) Act, 1999 (in short the 'Repeal Act'). Admittedly the State of Uttar Pradesh has since adopted the provisions of the Repeal Act by a resolution as required under Article 252(2) of the Constitution of India, 1950 (in short the 'Constitution'). Repealing Act has since come into force in the State of Uttar Pradesh with effect from 18.3.1999.;