SCA/8344/1999 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8344 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE R.S.GARG ========================================================= 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 ? ========================================================= GOVINDBHAI MAGANLAL PATEL - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR CG SHARMA for Petitioner(s) : 1, MS NISHA PARIKH AGP for Respondent(s) : 1, RULE SERVED for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE R.S.GARG Date : 28/03/2007 ORAL JUDGMENT 1. Mr.C.G. Sharma, learned counsel for the petitioner and Ms.Nisha Parikh, learned Assistant Government Pleader for the State. 2. Learned counsel for the petitioner submits that present matter SCA/8344/1999 2/2 JUDGMENT arises out of Urban Ceiling Proceedings and as the possession of the property has not been taken over from the petitioner, rather notice under sections 10(1), 10(2), 10(3) and 10(5) have not been issued to the petitioner, the proceedings have abated. 3. Ms.Nisha Parikh, learned Assistant Government Pleader for the State submits that she has no papers. 4. In view of the statement made by Mr.Sharma, learned counsel for the petitioner and taking into consideration the effect of the Repealing Act, I am of the opinion that all the proceedings have abated and no orders survive against the interest of the petitioner. 5. The petition is allowed. The impugned orders passed by the subordinate authorities against the interest of the petitioner are hereby quashed and set aside. Liberty, however, is granted in favour of the State that in case they find that the statement made by Mr.Sharma, learned counsel under the instruction of the petitioner is incorrect, then, they would be entitled to make an application for recall of this order. No costs. rafik (R.S. GARG, J.)