ROOP CHAND Vs. D J , MEERUT

JUDGEMENT

(1.) We have heard Sri N.C. Rajvanshi, learned senior counsel assisted by Sri P.C. Shukla for the petitioner, learned Standing Counsel for respondent nos. 1,2 & 3 and Sri Bhupendra Dayal for Meerut Development Authority, respondent no.4.

(2.) The petitioners are the heirs of the original tenure holder Nathu whose land was declared surplus under Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'). The original lessee filed an appeal, and during its pendency, died on 6.5.1995. The appeal was dismissed for want of prosecution on 22.12.1997. Thereafter, the Urban Land (Ceiling and Regulation) Repeal Act, 1999 came into existence with effect from 18.3.1999. The petitioners, being the heirs of Nathu, filed a restoration application no. 207 of 2001 in the year 2001. The District Judge, by an order dated 18.1.2002, rejected the restoration application on the ground that in view of the Repeal Act the appeal stood abated as a consequence of which the restoration application could not be considered.

(3.) The petitioners, being aggrieved, filed the present writ petition praying for the quashing of the order of the District Judge dated 18.01.2002 by which their application for restoration was rejected as well as the order dated 22.12.1997 by which the appeal was dismissed for want of prosecution.