KAMUBEN JAYANTIBHAI PATEL Vs. BHUPENDRA CHAGANLAL GANDHI

JUDGEMENT

(1.) LEARNED advocate Mr. A. S Vakil has appeared for the appellants in Letters Patent Appeal No. 755 of 2005. He has submitted that since the decision in the writ petition, the respondent no. 11 has passed away. He, therefore, seeks leave to delete the name of the respondent no. 11/opponent no. 11 from the cause-title of the Letters Patent Appeal No. 755 of 2005 and Civil Application No. 4895 of 2005. Leave is granted. Name of the Respondent no. 11/opponent No. 11 from the cause-title of the Appeal and Civil Application be deleted.

(2.) THESE two Appeals, preferred under clause 15 of the Letters Patent, arise from the judgment and order dated 10th March, 2005 passed by the learned Single Judge in above Misc. Civil Application No. 1637 of 2004.

(3.) THE appellants in Letters Patent Appeal No. 755 of 2005 are the original owners of the land bearing Plot no. 32 of village-Adajan, District-Surat. The appellants in Letters Patent Appeal No. 756 of 2005 have purchased the said land in the year 2002 from its owners. They are the successors-in-title of the appellants in Appeal No. 755 of 2005. In the proceedings held under the Urban Land [ceiling and Regulation] Act, 1976, the said land was, by order made by the competent authority, declared to be "excess vacant land". The said order of the competent authority was set-aside in appeal, by the Urban Land Tribunal, Ahmedabad. The order of the Urban Land Tribunal was challenged by the State Government in above Special Civil Application No. 228 of 1996. On 6th February, 1996, the following Order came to be made on the said petition :-"rule. Ad-interim relief in terms of para 11 [b] is granted on the condition that the land declared surplus may not be disposed of by the petitioner in any manner. "