C/SCA/1867/2023 ORDER DATED: 16/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1867 of 2023
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SHREE JOSHI ENTERPRISE
Versus
STATE OF GUJARAT
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Appearance:
MR.D K.PUJ(3836) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 16/02/2023
ORAL ORDER
1. Though served, none appears for the respondent No.3.
2. On 08.02.2023, this Court has passed the following order:
1. Learned advocate Mr.Puj for the petitioner has submitted that the petitioner is ready and willing to pay the cost of Rs.20,000/- for the delay, which has occurred. He has submitted that identical orders of the even date have already been set aside by this Court vide judgment dated 02.03.2020 passed in Special Civil Application No.7729 of 2016.
2. Hence, Notice, returnable on 14.02.2023. To be placed on top of the board. Learned AGP Mr. Kanara waives service of notice on behalf of the State- authorities.
3. Learned AGP Mr.Kanara shall examine the judgment dated 02.03.2020 passed in Special Civil Application No.7729 of 2016 and shall report whether the issue raised in the present writ petition is squarely covered with that judgement or not.
4. The petitioner shall deposit a cost of Rs.20,000/- before the Registry of this Court before next date.Page 1 of 3 Downloaded on : Fri Feb 17 20:59:23 IST 2023
C/SCA/1867/2023 ORDER DATED: 16/02/2023
3. Pursuant to the aforesaid order, learned advocate Mr.Puj has submitted that the petitioner has already deposited an amount of Rs.20,000/- before the Registry of this Court.
4. Registry shall transfer the aforesaid amount of costs to the State Legal Service Authorities.
5. As noted hereinabove, learned AGP was directed to take instructions whether the issue raised in the writ petition is squarely covered by the judgement dated 02.03.2020 passed by this Court in Special Civil Application No.7729 of 2016 or not.
6. Learned AGP has fairly conceded that the issue is covered however, Letters Patent Appeal was filed against the aforesaid judgement being Letters Patent Appeal No.592 of 2020, which has been dismissed by the order dated 21.10.2022 only on the ground of removal of office objection(s). He has submitted that appropriate proceedings will be undertaken, if required, for reviewing the aforesaid order passed by the Division Bench of this Court.
7. The present writ petition has been has been filed for quashing and setting aside the order dated 16.01.2016 passed by the Special Secretary, Revenue Department (Appeals) (SSRD) in Revision Application No.MVV/JMN/Kachchh/100/2011 and the Page 2 of 3 Downloaded on : Fri Feb 17 20:59:23 IST 2023 C/SCA/1867/2023 ORDER DATED: 16/02/2023 order dated 16.06.2011 passed by the District Collector.
8. It is not in dispute that as on today, the judgement dated 02.03.2020 is till in operation as the same is neither being stayed nor set aside.
9. Thus, in view of the aforesaid statement, the present writ petition is disposed of in terms of the judgement dated 02.03.2020 passed in Special Civil Application No.7729 of 2016. The impugned order dated 16.01.2016 passed by the Special Secretary, Revenue Department and the order dated 16.06.2011 passed by the District Collector are hereby quashed and set aside.
Sd/-
(A. S. SUPEHIA, J) NVMEWADA Page 3 of 3 Downloaded on : Fri Feb 17 20:59:23 IST 2023