(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr.Tarak Damani, learned counsel appearing for the appellant and Mr.N.J.Shah, learned Assistant Government Pleader appearing for respondent nos. 1 to 4.
2. By way of this Letters Patent Appeal under clause 15 of Letters Patent Appeal, the appellant has challenged the judgment dated 19.4.2011 passed by the learned Single Judge in Special Civil Application No.8599 of 1991, by which the petition has been dismissed. The petitioner had challenged the order passed by the State Government cancelling exemption earlier granted to respondent nos.5 and 6 with regard to survey nos. 23, village Narol, Tal and Dist: Ahmedabad by order dated 25.3.1986 by which the order dated 17.9.1987 has been challenged by which exemption granted under section 20(2) of Urban Land (Ceiling and Regulation) Act,1976 earlier on 21.9.1979 had been cancelled. The grievance of the petitioner is that after exemption was granted, the petitioner purchased the land from the original owner-respondent nos. 5 and 6 by means of a registered sale deed dated 22.5.1981 and therefore, before cancelling exemption earlier granted, the State Government was required to issue notice to the petitioner as the name of the petitioner has been mutated in the revenue record. The learned Single Judge has held that since the original owners-respondent nos. 5 and 6 were granted exemption under section 20(1) of the Urban Land (Ceiling and Regulation) Act, 1976, it can be canceled after giving notice to the petitioner who stepped in the shoes of the respondent nos.5 and 6 and his name having been mutated in the record, he was entitled for notice. The learned Single Judge did not accept the contention on the ground that since permission was granted to respondent nos.5 and 6, they were issued notice and,therefore, the order passed by the State Government does not suffer from any illegality.
3. We are in agreement with the view taken by the learned Single Judge. This Appeal is devoid of any merits and is accordingly dismissed. As a consequence, Civil Application is also dismissed.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top