Gujarat High Court
Kishor Parshottambhai Ladani vs State Of Gujarat on 25 July, 2025
NEUTRAL CITATION
C/FA/3544/2023 JUDGMENT DATED: 25/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3544 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE DEVAN M. DESAI
==========================================================
Approved for Reporting Yes No
==========================================================
KISHOR PARSHOTTAMBHAI LADANI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR.RAHUL DAVE AGP ADVANCE COPY SERVED for the Defendant(s) No.
1
==========================================================
CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 25/07/2025
ORAL JUDGMENT
1. The present First Appeal is filed by the appellant - original claimant against the judgment dated 07.08.2018 and decree dated 10.08.2018 passed by the learned Principal Senior Civil Judge, Dhoraji, Dist.Rajkot in Land Reference Case Nos.43/12 to 52/2012 (main LAR No.43/2012), wherein the learned Page 1 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:25:56 IST 2025 NEUTRAL CITATION C/FA/3544/2023 JUDGMENT DATED: 25/07/2025 undefined Judge has dismissed the reference case.
2. Heard learned advocate Mr.Tejas Satta for the appellant and learned AGP Mr.Rahul Dave for the respondent - State.
3. Brief facts of the present case are as under:-
3.1 The land of the appellant situated at Village:
Chhadvavadar, Taluka: Dhoraji, Dist. Rajkot, was acquired by the respondent - authority for a public purpose of Bhadar- 2 Irrigation Scheme. Notification under Section 4 was published on 14.08.2008. The respondent - authority awarded compensation at the rate of Rs.6.20/- per sq. meter for acquired land. The compensation granted to the present appellant was very meager. Therefore, present appellant filed an application under Section 18 of the Land Acquisition Page 2 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:25:56 IST 2025 NEUTRAL CITATION C/FA/3544/2023 JUDGMENT DATED: 25/07/2025 undefined Act, 1894 for enhancement of compensation. After considering the evidence available on record, learned Civil Judge dismissed the reference case as claimant remained absent and did not lead any evidence. 3.2 Being aggrieved and dissatisfied with the impugned judgment and decree, appellant is before this Court.
4. Learned advocate for the appellant submitted that the appellant is aggrieved by the judgment and decree passed in LAR Case No.50 of 2012 in group LAR Nos.43 of 2012 to 52 of 2012. It is further submitted that the learned Reference Court has observed in the judgment that the claimant has not participated in the reference proceedings and in absence of any evidence, the reference cases came to Page 3 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:25:56 IST 2025 NEUTRAL CITATION C/FA/3544/2023 JUDGMENT DATED: 25/07/2025 undefined be dismissed.
4.1 Learned advocate for the applicant has placed on record copy of a common oral order dated 21.02.2023 passed in First Appeal No.4426 of 2022 and allied matters. The same is taken on record. The claimants challenged the dismissal of reference case being dismissed for want of evidence. The Co-ordinate Bench allowed the appeals and remanded back reference cases to learned Reference Court for fresh adjudication. Learned advocate for the appellant therefore submitted that the present appeal be also disposed of in the same manner.
4.2 It is further contended that the claimant shall not claim any interest from the date of dismissal Page 4 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:25:56 IST 2025 NEUTRAL CITATION C/FA/3544/2023 JUDGMENT DATED: 25/07/2025 undefined of the reference case till the order is passed by this Court in the present appeal.
4.3 Per contra learned AGP has opposed to the said request and contended that the claimants were given ample opportunity, despite that claimants remained absent resultantly reference case came to be dismissed. It appears from the impugned judgment that the claimants did not lead any evidence, and the reference case came to be dismissed for want of evidence. In the First Appeal No.4426 of 2022 and allied matters, the Co-ordinate Bench vide common oral order dated 21.02.2023, remanded back the reference case to the learned Reference Court for its fresh adjudication. The Co-ordinate Bench also referred the order dated 21.10.2022 passed in First Appeal No. Page 5 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:25:56 IST 2025 NEUTRAL CITATION C/FA/3544/2023 JUDGMENT DATED: 25/07/2025 undefined 4313 of 2022, wherein reference case was remanded back for fresh adjudication and further directed that the claimants-appellants shall not be entitled for any interest for the period between the date of judgment till the order passed by this court.
5. In view of the aforesaid facts and circumstances, it would be in the interest of justice that the impugned judgment dated 07.08.2018 and decree dated 10.08.2018 passed by learned principal Senior Civil Judge, Dhoraji, Dist.Rajkot in Land Reference Case No.50 of 2012, is hereby quashed set aside. And the matter is remanded back to the Reference Court for fresh adjudication on merits after giving due opportunity of hearing to the appellants. Both parties are permitted to lead evidence in support Page 6 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:25:56 IST 2025 NEUTRAL CITATION C/FA/3544/2023 JUDGMENT DATED: 25/07/2025 undefined of their cases. Such opportunity will be given only once. The learned Reference Court shall decide the matter on its merits. The parties are directed to remain present before the learned Reference Court. No fresh notice be issued to claimants. The learned Reference Court shall decide the reference case expeditiously within a period of three months from the date of receipt of this order. The party shall give full Corporation to the learned reference court in expeditious hearing.
6. Appellant/s-claimant/s shall not be entitled for any interest for intervening period i.e. from the date of impugned judgment till the order passed by this Court Page 7 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:25:56 IST 2025 NEUTRAL CITATION C/FA/3544/2023 JUDGMENT DATED: 25/07/2025 undefined
7. In view of the above, present First Appeal stands disposed of accordingly.
8. Record and proceedings, if any, received, be sent back to the concerned Court/Tribunal.
(D. M. DESAI,J) MANOJ Page 8 of 8 Uploaded by MANOJ KUMAR(HC01092) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 00:25:56 IST 2025