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2025 DAILYLAW 65060 (ALL)

RAKESH KUMAR YADAV v. STATE OF U.P. AND 2 OTHERS

WRIC/21551/2025 · 2025-08-05

Manjive Shukla, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132628-DB Court No. - 39 Case :- WRIT - C No. - 21551 of 2025 Petitioner :- Rakesh Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suman Kumar Yadav,Swapnil Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Manjive Shukla,J. 1. Mr. Swapnil Kumar Yadav, learned advocate appears on behalf of petitioner and submits, against the order declaring surplus land, his client has preferred appeal. Possession of the surplus land was not taken. He files amendment application dated 6th August, 2025 for amendment to abate appeal from Case no. 2750 of 1976 (State Vs. Smt. Meriya) on contention that such is consequence of the Act of 1976 repealed by Urban Land (Ceiling and Regulation) Repeal Act, 1999. 2. Mr. Sharad Chandra Upadhyay, learned advocate, Standing Counsel appears on behalf of State. He disputes submission that possession of the declared surplus land was not taken. 3. Section 3 in the Act of 1999 saves against repeal of the Act of 1976. It, inter alia, saves vesting of any vacant land under section 10(3) (Act of 1976), possession of which had been taken over by the State Government or the person duly authorized. Petitioner's contention appears to be, there was appeal preferred against declaration of surplus land. Following contention is that possession was not taken. 4. We are not required to declare abatement. Operation of the repealed Act with the provision for saving governs the facts. 5. On above observation, the writ petition is disposed of. Order Date :- 6.8.2025 Mohini (Arindam Sinha, J.) (Manjive Shukla, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad