( 1 ) RULE. Mr. S. P. Sen, learned AGP waives service of rule on behalf of respondents No. 1, 2, and 3 and Mr. K. K. Trivedi, learned Advocate, waives service of rule on behalf of respondent No. 4.

( 2 ) HEARD Mr. N. V. Gandhi, learned Advocate appearing on behalf of the petitioners, learned AGP, Mr. Sen appearing on behalf of the respondents No. 1, 2 and 3, and Mr. K. K. Trivedi, learned Advocate appearing on behalf of the respondent No. 4.

( 3 ) THE brief facts of the present petition are as under:-3. 1 the land bearing Survey No. 753-758 situated in the sim of Village Umra belonging to Late Shri Sorabji was acquired by the Gujarat Industrial Development Corporation Authority. Late Shri Sorabji had, therefore, purchased the land bearing Survey No. 319/1/1 and 319/1/2 having Block No. 418 situated at Village Gothan, Dist. Surat from respondent No. 4, by registered Sale Deed. 3. 2 in 1990, the original land lord, Shri Dayabhai and his wife, Maniben had challenged the entry No. 1850 mutated in favour of respondent No. 4, which was certified in 1977. The Assistant Collector has confirmed the entry No. 1850 by his order dated 28-2-1991. The Assistant Collector has decided that the Tenancy Act cannot be applicable to the land in question by his order dated 24-3-1992. Thereafter, by the order dated 17-7-1993, the Collector has confirmed the order dated 24-3-1992. Meanwhile, by his order dated 10-6-1992, the Assistant Collector in Suo Motu Revision Applications No. 20/1992 and 21/1992 has set aside the entries No. 1850 and 2686 and remanded the matter back to the Mamlatdar to decide the question whether respondent No. 4 is an agriculturist or not. Late Shri Sorabji and respondent No. 4 had, therefore, preferred Appeal No. 64/1993 before the Collector, Surat. The Collector, Surat by his order dated 25-5-1994, had confirmed the order passed by the Assistant Collector on 10-6-1992. Both late Shri Sorabji and respondent No. 4 had filed Revision Application No. 35/1994 before the Additional Special Secretary, Revenue Department, Gujarat. Meanwhile, late Shri Sorabji expired on 18-1-1998. Before passing away, late Shri Sorabji had executed will in favour of the petitioners for the land in question. On 17-7-1999, the Additional Special Secretary had confirmed the order dated 25-5-1994 passed by the Collector, Surat and that order is challenged by the petitioners before this Court.

( 4 ) THE learned Advocate, Mr. Gandhi, appearing on behalf of the petitioners, submits that the Assistant Collector, Surat has directed the Mamlatdar to decide the question whether the respondent No. 4 is an agriculturist or not. That order has been confirmed by the Collector, Surat and ultimately the Additional Special Secretary has also confirmed the same by his order dated 17-7-1999. Therefore, in light of this fact, the learned Advocate, Mr. Gandhi has submitted that in view of the Government Ordinance No. 5/2000, the pending legal proceedings will now stand abated as per the Section 4 of the Ordinance. The Section 4 of the Ordinance of 5/2000 is read as under:"4. Abatement of legal proceedings - All proceedings relating to any order made or purported to be made under section 84c of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the principal Act") for contravention of provisions of section 63, so far as it relates to the breach of clause (6) of section 2 of the principal Act, pending before any court, tribunal or other authority or any such proceedings initiated by any such authority on or after the commencement of the amending Act shall stand abated notwithstanding anything contained in section 84c of the principal Act. "section 5 of the Ordinance provides that:"the amendment made by Section 3 shall not affect the validity of any such order referred to in Section 4, made by any court, tribunal or other authority before the date of commencement of the amending Act, which has become final". In the Explanation