FAKIRCHARAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS review petition has been filed against the order passed by this Court on 29.6.2005 in OJ.C. No. 7386 of 1999 with a further prayer to direct the opposite party No. 1 to pass appropriate order restoring possession of the property to the Petitioner, his mother and brothers.

(2.) IT appears that against the order passed by the Special Officer cum Competent Authority, Urban Agglomeration, Cuttack in U.L.C. Case Nos. 4/83, 5/83, 11/84, 12/84, 13/84 and 14/84, the Petitioner preferred an appeal registered as U.L.C. Appeal No. 2 of 1998 before the Revenue Divisional Commissioner, Central Division, Cuttack, which was dismissed on 5.5.1999. Against the order dated 5.5.1999 passed by the RDC, Central Division, Cuttack, the writ petition (OJ.C. No. 7386 of 1999) was filed on 23.6.1999. The returns were duly filed by the mother of the Petitioner Lovabini Dei and four brothers namely Ashok Kumar Singh, Rabindra Kumar Singh, Saroj Kumar Singh and Ajad Kumar Singh which were registered as Ceiling Case No. 5/83, 11/84, 12/84, 13/84 and 14/84 respectively. The Petitioner took the plea that the area covered by tank and houses existing on the plot in question should be excluded from total land as those are not vacant land and appurtenant and additional appurtenant to the buildings constructed prior to the Act came into force have not been allowed as per building regulation etc. Out of the total land held by the returnee measuring Ac. 29,200 decimals as on 17.2.96, an area of Ac. 9,688 decimals has been excluded and the balance vacant land of AC. 19.532 decimals was found to be surplus. Though a symbolic possession was taken over on 6.5.1999 but the fact remains that this Court did not restrict the opposite parties to take over possession of the land but on 24.12.2003, it was ordered that distribution of case land in question shall remain stayed. However, the Urban Land (Ceiling and Regulation) Repeal Act, 1999 came into force with effect from 22.3.1999. Sections 3 and 4 of the said Act is reproduced as under:

(3.) ABATEMENT of the legal proceedings