RAMESHBHAI KARSANDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) (Per : <DJG>Panchal</DJG>, J.) By means of filing this petition under Article 226 of the Constitution, the petitioner has prayed to quash and set aside order dated 8/12/1989 produced at Annexure-B to the petition by which exemption under section 20(1)(a) of the Urban Land (Ceiling & Regulation) Act, 1976 was granted to respondents No.3 to 10 in respect of certain lands. In the alternative, the petitioner has prayed for a direction to the State of Gujarat to initiate proceedings under section 20(2) of the Act for withdrawal of the said order of exemption. The petitioner has also prayed to declare that section 20(1) of the Urban Land (Ceiling & Regulation) Act, 1976 is ultravires. The Court has by its order dated February 27, 1997 issued rule and granted interim relief subject to certain conditions.

(2.) The Urban Land (Ceiling & Regulation) Act, 1976 has now been repealed by Urban Land (Ceiling & Regulation) Repeal Act, 1999. It is not disputed that possession of the land in question has not been taken by respondent no.1 i.e. State of Gujarat. In this view of the matter, the petition has abated and deserves to be disposed of accordingly.

(3.) For the foregoing reasons, it is held that the petition has abated. Rule is discharged, with no order as to costs. Ad-interim relief granted earlier is hereby vacated.