Learned counsel Mr.Dipen Desai submitted, on instructions, that even as no reply is filed in the petitions in spite of their pendency since 1993, the lands in question and subject-matter of the impugned orders have subsequently been legally bought by the petitioner and the petitioner is in possession of those paracels of land, regardless of existence or validity or invalidity of the impugned orders. He, therefore, submitted that the present petitions were not required to be decided on merits. However, an apprehension was expressed that, in case of the impugned orders coming in the way of the petitioner in legal and peaceful possession and enjoyment of the land in question, the petitioner may be required to file fresh petitions incorporating subsequent factual developments. Therefore, subject to the right of the petitioner to approach this Court afresh, the petitions were not pressed for any order on merits at this stage. Accordingly, without prejudice to the rights and contentions of the petitioner in the present petitions, they are disposed as not pressed at this stage, with liberty to the petitioner to approach this Court in case of necessity or difficulty. Rule is discharged with no order as to costs.
Sd/-
( D.H.Waghela, J.) (KMG Thilake) Top