NEUTRAL CITATION
C/CA/1499/2023 ORDER DATED: 07/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO.
1499 of 2023
In F/LETTERS PATENT APPEAL NO. 28961 of 2023
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GOGANBHAI KARABHAI MODHVADIYA
Versus
OM RUDRA METATECH PVT LTD
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Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1,2,3,4,5
for the Respondent(s) No. 1,2,3,4,6,7,8,9
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP
for the Respondent(s) No. 5
MS HETAL PATEL, AGP for the Respondent(s) No.
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P.
MAYEE
Date : 07/10/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL)
1. The instant application has been filed seeking leave to institute appeal against the judgment and order dated 19.07.2023 passed by Page 1 of 5 Downloaded on : Mon Oct 09 20:41:05 IST 2023 NEUTRAL CITATION C/CA/1499/2023 ORDER DATED: 07/10/2023 undefined the learned Single Judge, disposing of the writ petitions filed by the respondent Nos. 1 and 2 herein seeking for allotment of industrial plot. The observations in the order impugned that there lies an encroachment in the land bearing Survey No. 533 (Old No. 250), situated at Village: Lakhabaval, Taluka: Jamnagar and the direction issued by this Court for removal of the said encroachment on the assurance given by the respondent - State in the written instructions supplied by the Mamlatdar, Jamnagar (Rural), is the reason for filing of the instant application.
2. It is contended by the learned counsel for the applicants that the applicants are in possession of the land in question for a period of more that 30 years and have raised their constructions over Survey No. 533 (Old No. 250), Village: Lakhabaval, Taluka: Jamnagar. The writ petition, originally, was filed with a prayer seeking for quashing of the orders issued by the respondent No. 7 therein namely Gujarat Industrial Development Corporation (GIDC), refusing No Objection to the writ petitioner and thus, seeking for allotment of Survey No. 140, situated at the village in question for Page 2 of 5 Downloaded on : Mon Oct 09 20:41:05 IST 2023 NEUTRAL CITATION C/CA/1499/2023 ORDER DATED: 07/10/2023 undefined industrial purposes. However, by way of amendment, the prayer No. 18(AA) was added, which reads as under:
"This Hon'ble Court 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 the respondent Nos. 1 and 4 to allot the land bearing Old Survey No. 250 (New Survey No.
533) of village Lakha Bawad, Takuka and District Jamnagar to the petitioners for industry purpose in the alternative any other land may be allotted for the purpose of industry near to Jamnagar city."
2.1 It is submitted that there was no occasion for the learned Single Judge to issue directions to the respondents to remove encroachment on the aforesaid prayer, that too, when the petitioners / occupants were not impleaded as party in the writ petition. The submission is that the judgment and order dated 19.07.2023 having been passed behind the back of the applicants, is liable to be set aside.
3. On an pointed query made by the Court as to the right of the applicants to retain possession of the land in question, the copy of order dated 29.04.2023 has been placed before us, whereby the Page 3 of 5 Downloaded on : Mon Oct 09 20:41:05 IST 2023 NEUTRAL CITATION C/CA/1499/2023 ORDER DATED: 07/10/2023 undefined Collector, Jamnagar had rejected the prayer made by the petitioners for regularization of their possession over the land in question namely Survey No. 533 (Old No. 250), for residential purposes. On the asking of the Court, learned counsel for the applicants admits that the order passed by the Collector has not been challenged by the applicants herein. Moreover, a perusal of the order dated 29.04.2023 passed by the Collector indicates that the land in question namely Survey No. 533 (Old No. 250) has been identified as a land for industrial purpose and is needed for industrial development of the area in question, which is within the jurisdiction of the GIDC i.e. Gujarat Industrial Development Corporation.
4. Having noted the above, we find that there is a complete lack of details in the application with regard to the land in question being allotted to the GIDC and allocating it for industrial purposes. In the absence of any challenge to the order of rejection of the claim of the petitioner for regularization of their possession, passed by the Collector, the prayer seeking leave to file appeal against the order of the learned Single Judge cannot be entertained.
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5. For the aforesaid, we do not find any merit in the prayer made by the applicants. The application is accordingly rejected. It is, however, kept open to the petitioners to take recourse to the remedy available to them under law.
[ Sunita Agarwal, CJ. ] [ Aniruddha P. Mayee, J. ] hiren /2 Page 5 of 5 Downloaded on : Mon Oct 09 20:41:05 IST 2023