BHARAT OIL INDUSTRIES Vs. URBAN LAND

JUDGEMENT

(1.) THE case has a chequered history but for the present suffice it to state that ultimately the dispute only revolves around the fact as to whether the lands declared to be surplus under the Urban Land (Ceiling and Regulation) Act, 1976 (the Act of 1976) stood abated in view of Urban Land (Ceiling and Regulation) (Repeal) Act, 1999 (the Repeal Act ).

(2.) ON 08/03/2001 the Court rejected the petition holding that there was a dispute on facts: whether the possession was with the petitioner or the possession had been taken over by the competent authority as stated in the affidavit-in-reply.

(3.) THE petitioner carried the matter by way of Letters Patent Appeal No. 738 of 2001 which came to be decided on 17/02/2009 and the Division Bench in the operative portion held that the main petition shall be decided by a Single Judge in accordance with law and the Division Bench had not gone into merits of the controversy raised in the petition.