- (1.) Heard the parties.
(2.) The grievance of the appellant is that without publication of the Notification under Section 10(1) of the Urban Land (Ceiling and Regulation) Act, 1976 regarding declaration of surplus land, the lands belonging to him is being used by the State and construction over the said land is also going on. According to the appellant, the publication in the Official Gazette under Section 10(1) of the Act was mandatorily required and therefore, when no such notification was published in the Official Gazette and as such, the respondents have no authority or jurisdiction under the law to use and utilize the land of the appellant treating it to be surplus under the Urban Land (Ceiling and Regulation) Act, 1976.
(3.) As it appears from the impugned order of the learned Single Judge that he has refused to exercise jurisdiction under Article 226 of the Constitution of India on the ground that the writ petitioner kept waiting for twenty years to raise his grievance and when the possession was already been taken and construction has been made then at that stage he approached this Court. It is not known why the writ petitioner kept watching the development of possession being taken over and construction being made in all these years. In such a situation, the learned Single Judge considering the inordinate delay of twenty years, did not entertain the writ petition.;