Yatindra Singh, J. - (1.) The Urban Land (Ceiling and Regulation) Act, 1976 (the Principal Act for short) has been repealed by the Ordinance No. 5 of 1999, later replaced by the Central Act No. 15 of 1999 (the repealing Act for short). What is the effect of the repeal on the writ petitions arising out of the order passed under the Principal Act. (i) Do these writ petitions abate, in view of Section 4 of the repealing Act? (ii) Should these writ petitions be decided on merits? 1st Question : Writ Petitions --Abatement? The Principal Act--Not in Force
(2.) The repealing Act, in view of Section 1 (3) applies to a State from the date the resolution in this behalf is passed under Article 252 (2) of the Constitution of India, The standing counsel has brought to my notice a Government Order dated 31-3.1999, which states that the requisite resolution has been passed on 18.3.1999. Thus, the Repealing Act has come into force in the State of Uttar Pradesh on 18.3.1999. The Principal Act is no longer in force. Writ Petition--Is not continuation
(3.) The Section 4 of the Repealing Act provides that all proceedings (except under few sections) relating to any order made or purported to be made under the Principal Act pending at the time of enforcement of the repealing Act will abate. These writ petitions arise out of order passed under the Principal Act. They are not covered by the exception. Should they be abated on this ground?;