SCA/1700/1987 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 1700 OF 1987 For Approval and Signature: HONOURABLE MR.JUSTICE R.S.GARG HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the Civil Judge? ========================================================= ARVINDBHAI CHHOTALAL SHAH & ANR. - Petitioner(s) Versus STATE OF GUJARAT & ORS. - Respondent(s) ========================================================= Appearance : NOTICE UNSERVED for Petitioner(s) : 1 - 2. MR. DIPEN DESAI, AGP for Respondent – State. ========================================================= CORAM : HONOURABLE MR.JUSTICE R.S.GARG and HONOURABLE MR.JUSTICE M.R. SHAH Date : 29/06/2006 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE R.S.GARG) Office Report shows that petitioner Nos.1 and 2 could not be served as they are not traceable. SCA/1700/1987 2/2 JUDGMENT Mr.Dipen Desai, learned Assistant Government Pleader for the respondent-State, however, submits that no useful purpose would be served by making a hectic effort of finding petitioner Nos.1 and 2 and try to serve them the notice of this case because challenge to Sub.Section-(2) and (6) of Section-(2) of the Bombay Tenancy & Agricultural Lands Act, 1948 does not survive for consideration in view of the judgement of this Court in the matter of Vishnubhai Ambalal Patel vs. S. P. Thakore & Anr., reported in 2002 (3) GLH 78, wherein the Court had noticed that during the pendency of the issue regarding distant Legislature, the Act stands amended and as the amendment has been given retrospective effect, the proceedings pending under Section 84-C of the Act would abate. Respectfully agreeing with the judgement, above referred, we also hold that the present proceedings would not survive in view of the subsequent amendment. The petition is dismissed. Rule is discharged. Interim relief, if any, granted earlier shall stand vacated. No costs. [R.S.Garg, J.] [M. R. Shah, J.] kamlesh*