Writ Petition No. 1677 of 2024 · Bombay High Court
Case at a glance
Provisions considered
- ULC Act, 1976 ss. 10(3), 10(5)
- Repeal Act, 1999
Key paragraphs
- Para 33. The reply filed by the State on 19.06.2024 in para 4(g), makes a specific averment, that possession of the surplus land is not found to be taken as per the provisions of Sections 10(3) and 10(5) of the ULC Act, 1976. That being so…
- Para 55. Pending application/s, if any, shall stand disposed of accordingly. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)SD. Bhimte
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH AT NAGPURWRIT PETITION NO. 1677 OF 2024( M/s Deshmukh Trading Company Pvt. Ltd., Nagpur Thr. its DirectorVs. State of Maharashtra, Thr. its Secretary, Rural Development Department Mantralaya, Mumbai & Ors. )Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's ordersMr. N.B. Bargat, Advocate for the Petitioner. Mr. S.M. Ukey, Addl.GP for the Respondents/State.CORAM: AVINASH G. GHAROTE ANDABHAY J. MANTRI, JJ.DATED : 6th MARCH, 20251.Heard.
The Petitioner who is a subsequent purchaser of the land of Survey No.66/2 which are numbered as S.nos.34/1 and 34/2 at Mouza Wanadongri, Tahsil Hingna, District Nagpur seeks a declaration that the proceedings in ULC Case No.2169/76 stands lapsed on account of the repeal.
The reply filed by the State on 19.06.2024 in para 4(g), makes a specific averment, that possession of the surplus land is not found to be taken as per the provisions of Sections 10(3) and 10(5) of the ULC Act, 1976. That being so, the requirement of provisions of Section 3 of the Urban 2 21.WP.1677-2024.odtLand (Ceiling and Regulation) Repeal Act, 1999 do not stand satisfied, on account of which, we hold that the proceedings in ULC Case No.2169/76 stands lapsed on account of the repeal.
The Petition is accordingly allowed in the above terms. No costs.
Pending application/s, if any, shall stand disposed of accordingly. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)SD. Bhimte
Precedent status how later indexed judgments have treated this case
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