High CourtsDivision Bench(2002) 10 GUJ CK 0034

State of Gujarat vs Cloth Traders Pvt. Ltd.

Gujarat High Court · Decided on 9 October 2002 · Citation: (2003) 23 GLH 373

HON’BLE JUDGES
D.S. Sinha, C.J · J.M. Panchal, J
RESULT
Dismissed
CASE NUMBER
Civil Application No. 6394 of 2002 In Letters Patent Appeal No. 107 of 1999 In Special Civil Application No. 3877 of 1998

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Judgment

7 paragraphs · 243 words

D.S. Sinha, C.J.—Rule. Notice of rule is waived by Mr. M.R. Mengde, the learned Assistant Government Pleader representing the original respondents.

2.

Heard Mr. P.M. Bhatt, the learned counsel appearing for the original petitioner/opponent in the appeal and the applicant herein, and Mr. M.R. Mengde, the learned Assistant Government Pleader appearing for the original respondents/appellants in the appeal and the opponents herein.

3.

By means of instant application, the applicant prays that Letters Patent Appeal may be dismissed asabated in view of the provisions contained in Section 4 of the Urban Land (Ceiling and Regulation) Repeal Act,1999, hereinafter called "the Act".

4.

No reply has been filed on behalf of the other side.

5.

Section 4 of the Act provides that all proceedings relating to any order made or purported to bemade under the principal Act [The Urban Land (Ceiling &Regulation) Act, 1976] pending immediately before the commencement of this Act, before any Court, Tribunal or any authority shall abate.

6.

In somewhat similar circumstances, a Division Bench of this Court, relying upon Section 4 of the Act, declared the Letters Patent Appeal No. 1010 of 1998 abatedvide its order dated 23rd June 1999, a copy of which ison record at page 56 of the paper book.

7.

Thus, the Letters Patent Appeal No. 107 of 1999arising out of Special Civil Application No. 3877 of 1998 is declared to have abated, and dismissed accordingly. Rule is made absolute. No order as to costs.