Nurmohmmed Jamal Bhadrka vs State Of Gujarat

Gujarat High Court

Nurmohmmed Jamal Bhadrka vs State Of Gujarat on 5 December, 2025

                                                                                                                       NEUTRAL CITATION




                           C/SCA/21648/2017                                          JUDGMENT DATED: 05/12/2025

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                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                              R/SPECIAL CIVIL APPLICATION NO.                        21648 of 2017

                      FOR APPROVAL AND SIGNATURE:
                      HONOURABLE MR. JUSTICE DIVYESH A. JOSHI                                   :         Sd/-
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                                Approved for Reporting    Yes     No
                                                           -       √
                      =======================================================
                                      NURMOHMMED JAMAL BHADRKA
                                                Versus
                                      STATE OF GUJARAT & ANR.
                      =======================================================
                      Appearance:
                      DEV D PATEL(8264) for the Petitioner(s) No. 1
                      MR JEET JOTANGIA AGP for the Respondent(s) No. 1,2
                      =======================================================

                         CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                                       Date : 05/12/2025
                                                           ORAL JUDGMENT

1. By way of the present petition under Articles 226 and 227 of the Constitution of India as well as under the provision of the Administration of Evacuee Property Act, 1950, whereby the petitioner has prayed for quashing and setting aside the order dated 05.11.1993 passed by the Custodian Collector, Junagadh and the order dated 18.09.2003 passed by the Authorized Chief Settlement Commissioner & Deputy Secretary (Rehabilitation), Revenue Department, Gandhinagar.

2. The brief facts leading to filing of the present petition are as under, Page 1 of 7 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Dec 09 2025 Downloaded on : Sat Dec 20 00:40:53 IST 2025 NEUTRAL CITATION C/SCA/21648/2017 JUDGMENT DATED: 05/12/2025 undefined The land bearing Survey No.747/1 admeasuring 4 Acre 0 Guntha situated in Village : Prabhas Patan (hereinafter referred to as "the land in question") has been purchased by the petitioner from one Ghanchi Hussain Isa Bhadraka by way of executing registered sale deed dated 19.03.1951 and after the execution of the said sale deed, the said Ghanchi Hussain Isa Bhadraka left India and settled in Pakistan, however subsequently in the year 1980, the said Ghanchi Hussain Isa Bhadraka came back to India and filed an affidavit dated 03.04.1980 before the Executive Magistrate contending inter alia that he had not sold the land in question to the petitioner and some other dummy person had sold the said land and on the basis of such affidavit filed by the said Ghanchi Hussain Isa Bhadraka, the Deputy Custodial-cum- Collector, Junagadh, by an order dated 05.11.1993, declared the land in question as Evacuee property and vested it into Government, against the said order, the petitioner filed Appeal before the Authorized Chief Settlement Commissioner & Deputy Secretary (Rehabilitation), Revenue Department, Gandhinagar under Section 24 of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as "Evacuee Act" for short), however, the said Appeal came to be dismissed by impugned order dated 18.09.2003, therefore, both those orders have been assailed by the petitioner before this Court by filing present petition.

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3. Heard learned advocate, Mr. Dev Patel for the petitioner and learned AGP Mr. Jeet Jotangia for the respondents.

4. Learned advocate, Mr. Patel referred to the documents produced on record and submitted that the petitioner has purchased the land in question from the original land owner, Ghanchi Hussain Isa Bhadraka by way of executing registered sale deed, therefore, he is the absolute owner and occupier of the land in question since number of years. He submitted that in fact, after the execution of the sale deed in favour of the petitioner, the said original land owner, Ghanchi Hussain Isa Bhadraka left India and he was evacuee at Pakistan, however subsequently in the year 1980, he returned back to India and filed an affidavit before the Executive Magistrate on 06.04.1980 inter alia contending that he had not sold the land in question to the petitioner and it seems that in his absence, some dummy person had sole it, therefore on the basis of the said affidavit, the Deputy Custodial-cum- Collector, Junagadh, by an order dated 05.11.1993 directed the land in question as "Evacuee land"

and ordered to declare it as vested in Government, therefore, the said order was carried before the Authorized Chief Settlement Commissioner & Deputy Secretary (Rehabilitation), Revenue Department, Gandhinagar by filing Appeal, however, the said Page 3 of 7 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Dec 09 2025 Downloaded on : Sat Dec 20 00:40:53 IST 2025 NEUTRAL CITATION C/SCA/21648/2017 JUDGMENT DATED: 05/12/2025 undefined order, without properly considering the facts of the case, came to be dismissed.

5. Learned advocate, Mr. Patel submitted that in fact, the original land owner, Ghanchi Hussain Isa Bhadraka was having total three different properties and all those properties have been sold to three different persons including the petitioner herein, however out of them, one Odadhbai Bhanubhai had challenged the orders passed by the respondent authorities, whereby the land/ property purchased by him was declared as "evacuee land", by filing Special Civil Application No.7793/1999 and this Hon'ble Court, by an order dated 13.06.2000, allowed the said writ petition by quashing and setting aside the orders impugned therein and the respondents are permanently restrained from treating the property as "evacuee property". He submitted that at the time of considering the case of the petitioner, the said order was brought to the notice of the authority concerned, however despite the said fact, the appeal filed by the petitioner. He further submitted that in case of one of the purchasers of second property, the said property was declared as "evacuee property" but on the basis of the order passed by this Court as stated above, his case was considered. He, therefore, submitted that considering the facts of the case, the petitioner is also entitled for the relief claimed by him.

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6. Learned advocate, at this stage, submitted that in fact as per the provision of the Evacuee Act, the proceedings can be initiated immediately within a period of six months from the date of transaction but here in the present case, there is gross delay in initiation of the proceedings. It is, therefore, urged that the present petition may be allowed as prayed for.

7. On the other hand, learned APP opposed the present petition contending inter alia that at the time of passing impugned orders, the authorities have taken into consideration all the facts of the case and the material available on record and on the basis of which, the impugned orders came to be passed, which may not be interfered with as the same are in consonance with the provision of law.

8. In view of the rival submissions canvassed by learned advocates for the parties and having considered the documents produced on record, it is found out that the land in question has been purchased by the petitioner by way of executing registered sale deed from the original land owner, who left India after the execution of the sale deed and subsequently, he returned back to India in the year 1980 and on arrival, he submitted an affidavit before the Executive Magistrate contending inter alia that he had not sold the Page 5 of 7 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Dec 09 2025 Downloaded on : Sat Dec 20 00:40:53 IST 2025 NEUTRAL CITATION C/SCA/21648/2017 JUDGMENT DATED: 05/12/2025 undefined land in question to the petitioner and on the basis of it, the impugned order came to be passed declaring the land in question as "evacuee property", against which, appeal was preferred, which was dismissed, therefore, those orders have been challenged in the present petition.

9. However as can be seen from the records available on record that there were total three properties owned by the original owner, Ghanchi Hussain Isa Bhadraka and those three different properties were sold out to three different persons and in all three causes, those three properties were declared as "evacuee property" on the basis of the affidavit filed by the original owner but out of those three causes, in two causes, when the writ petition was preferred before this Hon'ble Court, it was allowed by quashing and setting aside the orders passed by the authorities and it was also directed the authorities concerned not to treat the property concerned as "evacuee property" and on the strength of it, one of the purchaser also got benefit, copies of those orders are produced on record. Thus when in case of other persons, the orders have been quashed and set aside, in that event, same treatment ought to have been given by the authorities. Therefore considering the above facts of the case, the present petition deserves to be allowed.

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10. Accordingly, the present petition stands allowed.

The impugned order dated 18.09.2003 passed by the Authorized Chief Settlement Commissioner & Deputy Secretary (Rehabilitation), Revenue Department, Gandhinagar and the order dated 05.11.1993 passed by the Custodian Collector, Junagadh are hereby quashed and set aside. Therefore, the respondents are hereby permanently restrained from treating the land in question i.e. land bearing Survey No.747/1 admeasuring 4 Acre 0 Guntha situated in Village : Prabhas Patan, Taluka : Veraval, District : Junagadh as "evacuee property". Rule is made absolute to the aforesaid extent. There shall be no order as to costs. Direct service is permitted.

Sd/-

(DIVYESH A. JOSHI, J.) Gautam Page 7 of 7 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Dec 09 2025 Downloaded on : Sat Dec 20 00:40:53 IST 2025