Important Point:
No vested right accrue in favour of state by passage of time when matter was reconsidered again

R. SUBHASH REDDY, J.

1. Both these Letters Patent Appeals under clause-15 of Letters Patent are filed against common judgment dated 20-21.10.2016 passed by the learned single Judge in Special Civil Application Nos. 9886 of 2007 and 12605 of 2014.

2.When Letters Patent Appeal No. 1457 of 2016 was being heard for final disposal, Letters Patent Appeal No. 869 of 2017 came up for admission after condonation of delay. As both these Letters Patent Appeals arise out of the common judgment passed by the learned single Judge, with the consent of the learned counsel appearing for both the parties, both the matters were heard together and are disposed of by this common judgment.

3. The lands which are subject-matter of these appeals are the lands bearing old survey no. 28, new survey no. 119 (corrected Survey No. 126) comprising of plot no. 11 admeasuring 574.42 sq.mts; plot no. 29 admeasuring 497.96 sq mts and plot no.31 admeasuring 522.43 sq.mts of village Mavadi, District-Rajkot. The appellant nos. 1/1 to 1/4 in Special Civil Application No. 9886 of 2007 are legal heirs of original petitioner Nathalal Jethabhai Damani. The said petitioners are respondent nos. 5.1 to 5.4 in Special Civil Application No. 12605 of 2014.

4. Special Civil Application No. 9886 of 2007 was filed with the prayers which read as under:

“(A) YOUR LORDSHIPS may be pleased to admit this petition.

(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction to hand over the vacant possession of the lands bearing old Survey No. 28, New Survey No. 119 comprising of Plot No. 11 admeasuring 574.42 sq.mtrs., plot No. 29 admeasuring 497.96 sq.mtrs. and plot No. 31 admeasuring 522.43 sq.mtrs of village Mavadi, Dist. Rajkot to the petitioners.

(C) Pending admission, hearing and final disposal of the petition, YOUR LORDSHIPS may be pleased to hand over the vacant possession of the lands bearing old Survey No. 28, New Survey No. 119 comprising of Plot No. 11 admeasuring 574.42 sq.mtrs., plot No.29 admeasuring 497.96 sq.mtrs and plot No.31 admeasuring 522.43 sq.mtrs of village Mavadi, Dist.Rajkot to the Petitioners. (sic)

(D) YOUR LORDSHIPS may be pleased to pass any other and further reliefs as may be deemed fit and proper in the interest of justice.”

5. Special Civil Application No. 12605 of 2014 was filed with the following prayers:

“A. YOUR LORDSHIPS may be pleased to admit and allow this SCA.

B. YOUR LORDSHIPS may be pleased hold & declare that notices issued annexed at ANNEXURE-‘A’ are unwarranted, illegal & be quashed. (sic)

C. YOUR LORDSHIPS by writ of certiorari, mandamus or any other writ, order, may be pleased to direct Respondent No.1 to 3 Government authorities to not act upon the notices annexed at ANNEXURE-‘A’ with this petition and be restrained from demolishing the houses or constructions on their plots of any of the Petitioners.

D. Pending hearing, admission & till final disposal of this petition YOUR LORDSHIPS may be pleased to direct Respondent No.1 to 3 Government authorities to not act upon the notices annexed at ANNEXURE-‘A’ with this petition and be restrained from demolishing the houses or constructions on their plots of any of the petitioners.

xxx xxx xxx”

6. Deceased-Nathalal Jethabhai Damani, Narendra Jethabhai Damani and Batukbhai Jethabhai Damani are real brothers. As per the case of the appellants in Letters Patent Appeal No. 1457 of 2016, lands in question were purchased out of the earnings of Shri Batukbhai and Nathabhai, in the name of Shri Narendrabhai by way of registered sale deed executed in the year 1965, as the said two brothers were staying in Sudan. After enforcement of the provisions under the Urban Land (Ceiling & Regulation) Act, 1976 (“ULC Act” for short), Narendrabhai filled in form no.1 under section 6(1) of the ULC Act, declaring his holding including the lands in question. Competent authority, by order dated 31st December, 1987, declared the afor