Vineet Kothari, J. - (1.)This Intra-Court Appeal is directed against the order of the learned Single Judge dated 5.8.2016 dismissing the Special Civil Application No. 9559 of 1995 filed by Baldevbhai Shivabhai Patel through his Legal Representatives and two subsequent Purchasers of the land in question (Chandralal Mulchand Ambavani and Jyotiprasad Devkinandan Chiripal).
(2.)The proceedings under challenge are under the Urban Land (Ceiling and Regulation) Act, 1976 ('the ULC Act' for short) and the sole argument on which the entire Letters Patent Appeal is based, is on the anvil of one alleged order under Section 20 of the ULC Act, by which the original owner - Khumanbhai Vanabhai Vagri is said to have been permitted under the said Act to retain the agricultural land in question and also sell it further, however, for the agricultural purpose only. The said Khumanbhai is said to have sold the land in question to the Respondent No.3 - Original Petitioner No.1 (Baldevbhai Shivabhai Patel) under a Sale Deed dated 5.7.1979 , who, instead of doing agricultural on the same, is said to have further sold the land in question by another Sale Deed dated 17.1.2007 in favour of Vishnubhai Patel and Balvantbhai Patel, who, in turn, have sold the land further to the Appellant Nos.2 and 3 - Chandralal Bulchand Ambavani and Jyotiprasad Devakinandan vide Sale Deed dated 4.1.2008 . Thus, a series of Sale Deeds were executed in respect of the same land bearing Survey No.387/2 situated at Village Zundal.
(3.)On the other hand, the original owner - Khumanbhai through his Legal Representatives represented before the Competent Authority in the ULC proceedings and the Respondent No.2 - Deputy Collector, U.L.C., Ahmedabad passed an order under Section 8(4) of the ULC Act on 21.12.1987 declaring 3947 Sq. Mtrs. of said Survey No.387/2 belonging to Khumanbhai Vaghri as excess vacant land under the provisions of the ULC Act. Thereafter, the Notification under Section 10(3) of the ULC Act was issued on 30.6.1989 . Consequently, Section 10(5) Notice to handover possession was issued by the Competent Authority to the Legal Representatives of Khumanbhai on 13.7.1990 and through Panchnama process, the possession is said to have taken in August, 1990 . Thereafter, the State Government under Section 23 of the ULC Act is said to have allotted the plots of the land on such excess land vested in the State Government in favour of 83 allottees vide order dated 8.10.1991 / 17.12.1991 as per the List produced on record at Annexure-R-10. Thus, while on the one hand, the Competent Authorities took the proceedings under ULC Act and the land upon vesting in the State stood allotted to 83 persons, who are not parties before us, the present writ proceedings were initiated by Baldevbhai Shivabhai Patel, the first Purchaser under Sale Deed dated 5.7.1979 represented by his Legal Representatives even though he executing Sale Deed in favour of Vishnubhai Patel and Balvantbhai Patel on 17.1.2007 , who, in turn, further sold the land in question on 4.1.2008 as aforesaid. Thus, a person, who had actually no interest in the land at that point of time, initiated these legal proceedings before this Court under Article 226 of the Constitution of India.