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Sri Bheemasethu Munivrinda Math vs The Deputy Commissioner on 13 December, 2022 cites

Pt. Madan Swaroop Shrotiya Public ... vs State Of U.P. And Ors. on 18 January, 2000

In more or less a similar fact matrix, the Apex Court in PT. MADAN SWAROOP SHROTIYA PUBLIC CHARITABLE TRUST VS. STATE OF U.P. AND OTHERS (2000) 6 SCC 325 has considered the effect of abatement of legal proceedings by virtue of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 which has done away with the Principal Act and held that all pending proceedings abated on their own. The inner voice of this decision supports the case of Petitioner that the appeal proceedings arising from the confiscation orders being the continuation of the original proceedings, do abate. Such a abatement causes collapse of the 9 substratum on which the Tribunal's order involving conflicting opinion arose followed by the Reference Order that puts the matter at the hands of its Full Bench. An abatement renders a thing as no longer existent and thus, the maxim ex nihilo nihil fit i.e., out of nothing, nothing comes out, becomes invocable. The net effect of this is: the confiscatory orders wither away; all proceedings including the appeals in which they are put in challenge also wither away. As a consequence, status quo ante is established qua the ownership and possession of the lands in question.
Supreme Court of India Cites 5 - Cited by 76 - D P Wadhwa - Full Document
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