: (Per G.D. Kamat, C.J.) Admit. Mr.M.R. Raval, AGP, waives service of notice of admission on behalf of respondent No.1. By consent, to be heard forthwith. This appeal challenges the order of the learned single Judge dated 2nd of August, 1996, whereby the appellants' Special Civil Application is rejected summarily solely on the ground that the same attracts laches. The appellants claimed interest in certain lands and accordingly, filed Section 6(1) Form under the Urban Land (Ceiling and Regulation), Act, 1972. The Competent Authority, Surat, on 5th of December, 1985, held that there is no excess land. However, it appears that the State Government exercised suo motu revisional powers under Section 34 thereof and by its order dated 8th February, 1992, held that there is excess land to the extent of 1357.92 sq. metres. It appears that the appellant thereafter made a representation dated 23rd March, 1992, seeking to get the order of the State Government reviewed, but, however, the same has not been considered so far. The State Government thereafter made a declaration, of final statement under Section 9 on 27th of September, 1993. The appellant instituted Special Civil Application, sometime in July, 1996. The learned single Judge held that the delay in instituting the petition was fatal for entertaining the same under writ jurisdiction. Regard being had to the facts and circumstances of the case, we do not think that Special Civil Application could be defeated on such a hypertechnical ground. Accordingly, this Appeal succeeds. The order dated 2nd of August, 1996 made in Special Civil Application No.5597 of 1996 is quashed and set aside. Special Civil Application No.5597 of 1996 is restored to the file of the learned single Judge, who shall proceed to hear the same on its merits. There shall be no order as to costs.
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