-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.208 OF 2008 NO.208 OF 2008 NO.208 OF 2008 M/s Shah Promoters and Developers ...Petitioners v/s The State of Maharashtra and ors. ...Respondents Mr G.S. Godbole for Petitioners. Mr V.P. Malvankar, AGP for Respondent Nos.1 to 3. CORAM : D.K. DESHMUKH AND N.D. DESHPANDE JJ. DATE : 2ND JUNE 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. On a request made by the learned counsel appearing for petitioners, name of respondent No.4 is allowed to be deleted. 2. The petitioners in this petition challenge the order passed by the State Government in exercise of its power under section 34 of the Urban Land (Ceiling and Regulation) Act 1976 dated 27th November 2007. By that order, the State Government has set aside the order dated 10th August 1998 passed by the Competent Authority. It is common ground before us that the order dated 10th August 1998 passed by the Competent Authority, which is set aside by the State Government, was actually set aside by the Appellate Authority i.e. Additional Commissioner, Pune Division, Pune by his order dated 30th August 2000. Thus, it is common ground before us that as on 27th November 2007 when the State Government set aside the order dated 10th August 1998, that order was not in existence. This has been admitted by the State Government in its reply. This shows clear non-application of mind on the part of the State Government to the relevant and material aspects of the matter. This also shows that the order of the State -3- Government impugned in the petition is inoperative. It is also common ground that though the order dated 10th August 1998 was set aside in the year 2000 by the Appellate Authority, the Competent Authority has issued declaration under section 10 of the said Act on the basis of that order. Those proceedings are also challenged in the present petition. Obviously, as the order dated 10th August 1998 itself was set aside by the appellate Authority in the year 2000, no proceedings could have been taken on the basis of that order. In our opinion, therefore, following order would meet the ends of justice. 4. Petition succeeds and is allowed, the order dated 27th November 2007 passed by the State Government, which is impugned in the petition, is set aside. Rule is made absolute in terms of prayer clause (g). No order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( N.D. DESHPANDE J.)