Thimmaiah and anr. Vs. the Special Deputy Commissioner, and ors.

Thimmaiah and anr. vs The Special Deputy Commissioner, and ors.

Type Court Judgment Court Karnataka Decided Dec 10, 2001

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Citation: sooperkanoon.com/928622
Court: Karnataka High Court
Judge: B.Padharaj, J.
Decided On: Dec 10, 2001
Case Number: WRIT PETITION Nos..2091, 2092 Of 2000(LAQ-VLC)
Subject: Property

Case Summary

AI-generated summary - not the official court judgment text.

[B.PADHARAJ, J.] Urban Land (Ceiling and Regulation) Repeal Act, 1999 - Sections 11, 12, 13, 14, 3(2), 4; Constitution Of India - Articles 226, 227 -- Ceiling Act and Competent Authority, Mysore vides Annexure-S. The Urban Land Ceiling and Regulation Act, 1976 was repealed by Central Act 15/1999. The State adopted t...

Key legal issue: Property
Acts & sections: Urban Land (Ceiling and Regulation) Repeal Act, 1999 - Sections 11, 12, 13, 14, 3(2), 4; Constitution Of India - Articles 226, 227

Parties & Advocates

Appellant / Petitioner

Thimmaiah and anr.

Advocate Mahantesh S. Hosmath, Adv.

Respondent

The Special Deputy Commissioner, and ors.

Advocate B. H. Satish, Adv.

Legal References

Acts: Urban Land (Ceiling and Regulation) Repeal Act, 1999 - Sections 11, 12, 13, 14, 3(2), 4; Constitution Of India - Articles 226, 227

Excerpt

[b.padharaj, j.] urban land (ceiling and regulation) repeal act, 1999 - sections 11, 12, 13, 14, 3(2), 4; constitution of india - articles 226, 227 -- ceiling act and competent authority, mysore vides annexure-s. the urban land ceiling and regulation act, 1976 was repealed by central act 15/1999. the state adopted the urban land ceiling and regulation) repeal act, 1999 with affect, from 8.7.1999. if the petitioners land is protected under sec.3 (2) of the repeal act, 1999, the petitioner is at liberty to take such steps in accordance with law. learned government pleader is permitted to file memo of appearance within four weeks from today......made the following:-order1. none appears for the petitioners. when the matter has reached for hearing, there is absolutely no representation on the side of the petitioners. learned government pleader for the respondents who is present in the court has submitted that in view of sec. 4 of the repeal act, 1999, all proceedings relating to any order made or proposed to be made under the principal act, stands abated.2. i find that there is considerable force in the submission made by the learned government pleader. the urban land ceiling and regulation act, 1976 was repealed by central act 15/1999. the state adopted the urban land (ceiling and regulation) repeal act, 1999 with affect, from 8.7.1999. sec.4 of the repeal act, 1999, states that all proceedings relating to any order made or proposed to be made under the principal act. pending immediately before the commencement of the act before the court, tribunal or other authority shall abate, except these proceedings under secs. 11 to 14 of the principal act, in so far as such proceedings are relatable to the land, the possession of which has been taken over by the state government or any parsons duly authorized by the state government in this behalf or by the competent authority. accordingly, in view of sec. 4, all proceedings stand abated under the repeal act except those proceedings mentioned therein. the writ petitions are disposed of accordingly. if the petitioners land is protected under sec.3 (2) of the repeal act, 1999, the petitioner is at liberty to take such steps in accordance with law.3. learned government pleader is permitted to file memo of appearance within four weeks from today.

Full Judgment

This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order by the Deputy Commissioner, Urban Land Ceiling Act and competent Authority, Mysore District, Mysore, 16.4.1984 vide Annexure-F and the Notification dt 31.1.1985 by the Special Deputy Commissioner, Urban Land. Ceiling Act and Competent Authority, Mysore vides Annexure-S. This writ Petition coming on for hearing this day, the court made the following:-

ORDER

1. None appears for the petitioners. When the matter has reached for hearing, there is absolutely no representation on the side of the petitioners. Learned Government Pleader for the respondents who is present in the court has submitted that in view of Sec. 4 of the Repeal Act, 1999, all proceedings relating to any order made or proposed to be made under the Principal Act, stands abated.

2. I find that there is considerable force in the submission made by the learned Government Pleader. The Urban Land Ceiling and Regulation Act, 1976 was repealed by Central Act 15/1999. The State adopted the Urban Land (Ceiling and Regulation) Repeal Act, 1999 with affect, from 8.7.1999. Sec.4 of the Repeal Act, 1999, states that all proceedings relating to any order made or proposed to be made under the Principal Act. Pending immediately before the commencement of the Act before the Court, Tribunal or other authority shall abate, except these proceedings under Secs. 11 to 14 of the Principal Act, in so far as such proceedings are relatable to the land, the possession of which has been taken over by the State Government or any parsons duly authorized by the state Government in this behalf or by the competent authority. Accordingly, in view of Sec. 4, all proceedings stand abated under the repeal Act except those proceedings mentioned therein. The writ petitions are disposed of accordingly. If the petitioners land is protected under sec.3 (2) of the Repeal Act, 1999, the petitioner is at liberty to take such steps in accordance with law.

3. Learned Government Pleader is permitted to file memo of appearance within four weeks from today.

Same Court & Year Karnataka · 2001 Same Parties Thimmaiah and anr. vs The Special Deputy Commissioner, and ors. Same Subject Property Same Judge B.Padharaj, J. Acts & Sections Urban Land (Ceiling and Regulation) Repeal Act, 1999 - Sectio...

Property