R.K.Agrawal, Saroj Bala, JJ. - (1.) We have hard Sri A.N. Shukla, learned Standing Counsel and Sri K.P.S. Yadav, learned Counsel appearing on behalf of the respondent Nos. 1, 2 and 3 and have perused the impugned order dated 13.10.1999 passed by the learned District Judge, Varanasi, allowing the appeal filed by the private respondent under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. It has been pointed out by the learned Standing Counsel that the aforesaid Act has been repealed by now by U.P. Repealing Act, 1999 which has been adopted by the State of U.P. on 18.3.1999 and, therefore, after 18.3.1999 the learned District Judge, Varanasi had no jurisdiction to proceed with the appeal. The appeal ought to have been abated. This position cannot be disputed by the learned Counsel for the parties. However, if the respondents are still in actual physical possession of the land in question their possession shall not be disturbed, as after the repeal of the Act proceeding for possession cannot be taken and stand abated. The order passed by the learned District Judge, Varanasi, stand set aside.
(2.) The writ petition is disposed of with the aforesaid observations. Petition Disposed Of.;