NEUTRAL CITATION
R/SCR.A/8256/2021 ORDER DATED: 20/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8256 of 2021
With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO.
1 of 2023
In R/SPECIAL CRIMINAL APPLICATION NO. 8256 of 2021
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SACHIN MAGANLAL DESAI
Versus
STATE OF GUJARAT
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Appearance:
MR MEHUL K KAKKAD(11543) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4
MR DHAWAN JAYSWAL, PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 20/09/2023
COMMON ORAL ORDER
Rule. Learned APP waives service of rule for the Respondent-State.
1. By way of this petition, the petitioner has prayed for the following reliefs;
"15. ...
I. YOUR LORDSHIPS be pleased to admit and allow this petition;
II. YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, directing the respondents more particularly Page 1 of 4 Downloaded on : Thu Sep 21 20:43:02 IST 2023 NEUTRAL CITATION R/SCR.A/8256/2021 ORDER DATED: 20/09/2023 undefined the respondent no.1 to forthwith register the FIR in pursuance to written complaint dated 13.05.2019 at Annexure-** and investigate the same in accordance with law, in the interest of justice;
III.Pending the admission, hearing and final disposal of this petition, YOUR LORDSHIPS be pleased to direct the respondents more particularly the respondent no. 1 to forthwith register the FIR in pursuance to written complaint to respondent no.1 dated 13.05.2019 at Annexure-** & written complaint to respondent no.2 dated 27.06.2019 at Annexure: ** and investigate the same in accordance with law, in the interest of justice;IV. ..."
2. Learned Advocate, Mr. Kakkad, appearing for the petitioner submitted that the petitioner made a representation to Respondent No.1 on 13.05.2019 and despite that an FIR is not being registered. It is further submitted that he is dispossessed of the land, which belongs to him. It is submitted that an FIR under the Gujarat Land Grabbing (Prohibition) Act, 2020 (in short, 'the Act'). In support of his submissions, learned Advocate, Mr. Kakkad, placed reliance on the decision of the Apex Court, rendered in the case of LALITA KUMARI V. STATE OF UTTAR PRADESH AND OTHERS', (2014) 2 SCC 1, and prayed that this petition be allowed.
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3. Learned APP, Mr. Jayswal, relied on the decision of the Coordinate Bench of this Court, rendered in Special Civil Application No. 18 of 2023, Dated: 25.01.2023, and submitted that the petitioner also has an alternative remedy and therefore, this Court may pass the appropriate orders.
4. Heard, learned Counsels for the parties and perused the material produced on record. From the record, it appears that the petitioner gave a complaint / representation before Respondent No.2 on 13.05.2019, alleging the commission of offences punishable under Sections 420, 465, 467, 468, 471 etc. of the Indian Penal Code. Now, if, the dispute between the parties, which is sought to be agitated by the petitioner by way of this petition, is perused, it appears to be purely of civil nature. The dispute, essentially, is with regard to grant of non- agricultural permission by the Collector, Valsad, which traveled up to SSRD, Ahmedabad. This Court is, therefore, of the opinion that the petitioner, if, has any grievance, the same can be adjudicated only by a competent Civil Court, after hearing both the Page 3 of 4 Downloaded on : Thu Sep 21 20:43:02 IST 2023 NEUTRAL CITATION R/SCR.A/8256/2021 ORDER DATED: 20/09/2023 undefined sides. Further, the petitioner may also approach the Special Court for filing a complaint under Section 9 of the Act, as laid down by the Coordinate Bench of this Court vide its judgment and order dated 25.01.2023. Thus, the reliefs, as prayed for in this petition, cannot be granted.
5. Resultantly, this petition fails and is DISMISSED. Notice is discharged.
5.1 In view of the disposal of the main matter, Civil Application shall not survive and the same also stands disposed of, accordingly.
(SANDEEP N. BHATT,J) UMESH/-
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