(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr.S.M.Shah, learned counsel appearing for the appellants and Mr.N.J.Shah, learned Assistant Government Pleader appearing for the respondents.
2. This Letters Patent Appeal has been filed by the appellants challenging the order dated 8.10.2010 passed by the learned Single Judge in Special Civil Application No.11046 of 2010, by which the learned Single Judge has dismissed the writ petition on the ground that he could not execute the order passed Urban Land (Ceiling and Regulation) Act,1976.
3. Learned counsel for the appellants has urged that in the year 1997, Urban Land Tribunal has allowed Appeal No.33 of 1996 and the order of the Competent Authority was set aside and the matter was remanded back to the competent authority. Thereafter, the matter was pending before Competent Authority and the Urban Land (Ceiling and Regulation) Act, 1997 was repealed in the year 1999. According to the appellants, they are still in possession of the land which is disputed by the learned Assistant Government Pleader. However, since nothing was done by the Government authorities, prima facie, in our opinion, the writ petition was maintainable and the learned Single Judge has committed an error treating the writ petition to be a matter by which the petitioners wanted to execute the order passed by the Urban Land Tribunal in the year 1997. Therefore, the order of the learned Single Judge cannot be sustained.
3. In the result, this Appeal succeeds and is allowed and the order dated 8.10.2010 passed by the learned Single Judge in Special Civil Application No.11046 of 2010 is set aside. The matter is remanded back to the learned Single Judge for deciding afresh expeditiously subject to His Lordship's convenience. As the Appeal is allowed, Civil Application does not survive.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji