- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
(2.) The case of the petitioner is that though plots in dispute were declared surplus in the hands of recorded tenure holder, Kedar, his grand father, who died in 1977 in a proceedings case no. K-1169/1976, State Vs. Kedar Nath by means of an exparte order dated 07.08.1983 under the Urban Land (Ceiling and Regulation) Act, 1976 (in short hereinafter referred to as 'Act'), but actual physical possession has not been taken and, thus, he would be entitled to the benefit of the provisions of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (in short hereinafter referred to as 'Repeal Act').
(3.) Specific case set up by the petitioner in the writ petition is that actual physical possession had not been taken by the State as such he was entitled for the benefit of Urban Land (Ceiling and Regulation) Repeal Act, 1999 (in short hereinafter referred to as 'Repeal Act').;