1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1683 OF 2007 Sir N.P.Vakil Trust & Anr. .. Petitioners Vs. Union of India & Ors. .. Respondents Mr.N.H.Seervai, Sr.Advocate i/b Mulla and Mulla & Craigie Blunt and Caroe for the petitioners Mr.S.R.Rajguru with Mr.L.T.Satelkar for the respondents CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATED : 18TH SEPTEMBER, 2008 DATED : 18TH SEPTEMBER, 2008 DATED : 18TH SEPTEMBER, 2008 P.C.: 1. Heard. 2. The petitioner has approached this cour seeking a Writ of this court to declare that the attempted resumption of the said lands by the respondents is ultra vires Article 246 read with Entry 18 of List II to the Seventh Schedule to the Constitution of India and Article 300A of the 2 Constitution of India, contrary to law, and wholly without jurisdiction and therefore, this court should prohibit the respondents, by themselves, their servants, agents, officers and subordinates, from resuming the said lands, acting under the impugned notices or at all, and/or in any manner dispossessing the petitioners from the said lands except by the due process of law, and in any event, not without first establishing their legal right, title and entitlement to do so in a court of competent jurisdiction and for other ancillary reliefs like withdrawing the impugned notices which have been issued by the respondents to the petitioners annexed as Exhibits EE and CC1 to CC3 EE and CC1 to CC3 EE and CC1 to CC3. 3. Our attention has also been drawn to the decisions of the Division Benches of this court in the case of Abdul Samad Abdul Kadir Thakur vs. the Abdul Samad Abdul Kadir Thakur vs. the Abdul Samad Abdul Kadir Thakur vs. the Union of India and Ors. in Writ Petition No.176 of Union of India and Ors. in Writ Petition No.176 of Union of India and Ors. in Writ Petition No.176 of 1983 decided on 9.10.91 1983 decided on 9.10.91 1983 decided on 9.10.91 and the other in the case of Shri Vinayak Yadneshwar Sathe vs. Union of Shri Vinayak Yadneshwar Sathe vs. Union of Shri Vinayak Yadneshwar Sathe vs. Union of India & Ors.in Writ Petition No.7916 of 2003 India & Ors.in Writ Petition No.7916 of 2003 India & Ors.in Writ Petition No.7916 of 2003 decided on 6.5.08 decided on 6.5.08 decided on 6.5.08 and the decision of the Supreme Court rendered in the case of Union of India Union of India Union of India 3 through Deputy Salt Commissioner v. Shri Puranmal through Deputy Salt Commissioner v. Shri Puranmal through Deputy Salt Commissioner v. Shri Puranmal Lalchand Mundra and anr.reported in AIR 1996 SC Lalchand Mundra and anr.reported in AIR 1996 SC Lalchand Mundra and anr.reported in AIR 1996 SC 3195. 3195. 3195. 4. After giving our anxious consideration to the decisions which have been relied upon by the parties and going through the impugned notices, we are of the view that the petition can be disposed of with a direction to the respondents not to resume the land in possession of the petition without following due process of law. 5. We may reiterate that the emphasis is of due process of law and it will be open for the parties to agitate their rights at appropriate forum. 6. Petition stands disposed of accordingly. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( K.K. TATED, J ) ( K.K. TATED, J ) ( K.K. TATED, J )