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SCA/3523/1991 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3523 of 1991
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
KAILASBEN
S VYAS & 1 - Petitioner(s)
Versus
COMPETENT
AUTHORITY & ADDITIONAL COLLECTOR & 1 - Respondent(s)
=========================================
Appearance
:
MR VIJAY H
PATEL for
Petitioner(s) : 1,None for Petitioner(s) : None for Petitioner
No(s).: for Petitioner(s) : 2,
NOTICE SERVED for Respondent(s) :
1,
MR M.R. MENGDEY, ASSTT. GOVERNMENT PLEADER for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 27/08/2010
ORAL
JUDGMENT
Rule.
Shri M.R. Mengdey, learned
Assistant Government Pleader waives service of notice of Rule on
behalf of respondents.
1. By
way of this petition under Articles 226 and 227 of the Constitution
of India, petitioners have prayed for an appropriate writ, direction
or order quashing and setting aside the impugned order passed by the
competent authority and Additional Collector, U.L.C., Ahmedabad dated
27.10.1988 declaring 6861.09 sq. meters of land as excess vacant land
in the holding of the original petitioners as well as the judgment
and order passed by the Urban Land Ceiling Tribunal dated 28.02.1991
in Appeal No.66/1989, by which the learned Tribunal dismissed the
said Appeal confirming the order passed by the competent authority.
2. Today,
when the matter is taken up for final hearing, Shri Mengdey, learned
Assistant Government Pleader has produced communication dated
04.08.2010, which is ordered to be taken on record, addressed by the
competent authority and Deputy Collector, ULC, Ahmedabad to the
office of Government Pleader submitting that in view of the earlier
order of stay granted by this Court, no further steps under Section
10(1) of the U.L.C. Act have been taken with respect to the land in
question. Meaning thereby, the possession of the disputed land in
question, is not taken over by the State Government. Under the
circumstances, in view of the aforesaid disputed fact, considering
the provisions of Urban Land Ceiling and Repeal Act, 1999, the
present proceeding deserve to declared having abated.
3. Under
the circumstances and in view of the above, present petition and
order are ordered to be abated. Petition is disposed of accordingly.
No costs.
(M.R.
Shah, J.)
*menon
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