Rajesh H. Shukla, J.

1. The petitioner in Special Civil Application No. 5442 of 1990 is a registered co-operative society and it is filed through the President of this housing society which is said to have purchased the land bearing Survey No. 14/1 in public auction in or about 1981 on the basis of which Entry No. 816 dated 2-10-1981 has been made which is the subject-matter of this litigation. It is averred that the notice issued by the Asstt. Collector, Choryasi Prant cancelling the impugned entry by taking the matter in review on 6-1-1986 after a lapse of 5 years is without jurisdiction. The petitioner-society, therefore, filed an appeal before the Collector which came to be rejected vide order dated 4-7-1988. Thereafter, the petitioner-Society filed a revision before the Secretary, Revenue Department (Appeals), Gujarat State and the Tribunal also rejected the said revision and confirmed the order passed by the Collector. Therefore, the present petition is filed by the petitioner-Society challenging the respective orders produced at Annexures A, B and C, on the grounds stated in the memo of petition. Special Civil Application No. 8352 of 2009 is filed by the petitioners who are the members of respondent No. 7-Society (petitioner in Spl.C.A. No. 5442 of 1990) challenging the impugned order by which Entry No. 816 dated 2-10-1981 is cancelled as they are also affected. The background of the facts has also been stated that members of the society have been informed not to enter in the plots which affect their possession or rights in the society, and therefore, having come to know that the society has filed Spl.C.A. No. 5442 of 1990, the petitioners who are members of the society are also affected and are aggrieved and has, therefore, filed this petition.

2. The society has purchased the land in question in auction sale conducted by the Special Recovery Officer in the year 1981 and the sale was confirmed and the possession was also handed over to the purchaser Shri Bharatkumar Jinwala and Entry No. 816 was also made in the revenue record dated 2-10-1981 and thereafter the said Bharatkumar Jinwala as President of the Society obtained the permission for construction of building and thereafter the co-operative housing society has been formed. However, as the notice was issued to me petitioner in Spl.C.A. No. 5442 of 1990 (Society and Shri Bharatkumar Jinwala) by the Asstt. Collector for cancelling Entry No. 816, the matter was pursued by me society and since the orders have been passed, the petition is also filed by the petitioners who are also affected by such orders as members of the same society.

3. Learned Sr. Counsel Shri Y.N. Oza appearing with learned Advocate Shri Apurva Kapadia for the petitioner (in Spl.C.A. No. 5442 of 1990) referred to the papers and submitted, at the outset, that the Court may determine the real interest by the respondents and the manner in which the petitioner-Society which is a bona fide purchaser in auction held by the Special Recovery Officer is made to suffer. He submitted that the entire sale of the land in auction is questioned or set at naught after a lapse of period only because the private respondent Nos. 4 and 6 are now having interest in the land in question. He submitted that the land in question which would have been originally declared as surplus under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the 'U.L.C. Act') and vested in the Government was sought to be sold in auction pursuant to the default so that the provisions of the U.L.C. Act are not implemented effectively. However, when the U.L.C. Act has been repealed, and if the possession is not taken over by the Government, men such land would remain with the original land-holder, meaning thereby, the private respondents, and therefore, the entire auction proceedings which have been held pursuant to exercise of power under the Gujarat Co-operative Societies Act read with the provisions of the Bombay