High CourtsDivision Bench(1999) 07 GUJ CK 0049

Rameshbhai Karsandas Patel vs The State of Gujarat

Gujarat High Court · Decided on 8 July 1999

HON’BLE JUDGES
R.P. Dholakia, J · J.M. Panchal, J
CASE NUMBER
Special Civil Application No. 2414 of 1993

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Judgment

3 paragraphs · 223 words

J. M. Panchal, J.—By means of filing this petition under Article 226 of the Constitution, the petitioner has prayed to quash and set aside order dated December 8, 1989 produced at Annexure-B to the petition by which exemption u/s 20(1)(a) of the Urban Land (Ceiling & Regulation) Act, 1976 was granted to respondents No.3 to 10 in respect of certain lands. In the alternative, the petitioner has prayed for a direction to the State of Gujarat to initiate proceedings u/s 20(2) of the Act for withdrawal of the said order of exemption. The petitioner has also prayed to declare that section 20(1) of the Urban Land (Ceiling & Regulation) Act, 1976 is ultravires. The Court has by its order dated February 27, 1997 issued rule and granted interim relief subject to certain conditions.

2.

The Urban Land (Ceiling & Regulation) Act, 1976 has now been repealed by Urban Land (Ceiling & Regulation) Repeal Act, 1999. It is not disputed that possession of the land in question has not been taken by respondent no.1 i.e. State of Gujarat. In this view of the matter, the petition has abated and deserves to be disposed of accordingly.

3.

For the foregoing reasons, it is held that the petition has abated. Rule is discharged, with no order as to costs. Ad-interim relief granted earlier is hereby vacated.