JUDGMENT :

VINEET KOTHARI, J.

1. Though the controversy involved in the present case is squarely covered by the judgment of this Bench recently rendered on 22.1.2021 in the case of Heirs of Dec. Jethabhai Ishwarbhai vs. State of Gujarat & Ors., Mr. Mihir Thakore, learned senior counsel appearing for the petitioners-appellants sought to raise certain questions of facts, which in his submission, would set apart this case from the boundaries of the judgment rendered by us on 22.1.2021.

2. In that case interpreting the provisions of Section 10(5) and 10(6) of Urban Land (Ceiling and Regulation) (Repeal) Act, 1999 (hereinafter referred to as 'the Act') and other relevant provisions of the Urban Land Ceiling Act, we had held as under:

“18. Sub-section (5) of Section 10 after vesting of the surplus land with the State Government provides that the Competent Authority may, by notice in writing, order any person who may be in possession of it, to surrender or give the possession thereof to the State Government or any person duly authorised by the State Government within 30 days of service of notice. The plain language of sub-section (5) of Section 10 means and envisages a notice in writing in th