Parmar Khumansinh Vaghubha vs State Of Gujarat
2021 Latest Caselaw 18056 Guj

    C/SCA/17768/2021                             JUDGMENT DATED: 03/12/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 17768 of 2021


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                       PARMAR KHUMANSINH VAGHUBHA
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR AV PRAJAPATI(672) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR. SHIVAM DIXIT, AGP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 03/12/2021

                             ORAL JUDGMENT

1. RULE. Learned AGP Mr. Shivam Dixit waives service of notice of rule for and on behalf of the respondent - State.

2. By way of the present petition, the petitioner has prayed for the following reliefs:-

C/SCA/17768/2021 JUDGMENT DATED: 03/12/2021

(A)Your Lordships may be pleased to admit and allow this writ petition.

(B)Your Lordships may be pleased to quash and set aside the order dated 27.02.2020 passed by the Court of Learned Principal Senior Civil Judge, Halvad in Land Acquisition Reference Case No.236 of 2018 and thereby allow the Application of the Petitioner filed below Exh.35 for issuance of witness summons by reopening the right of the Petitioner to take evidence in the Reference which has been closed vide order dated 30.01.2020.

(C) To pass such other and further order/s necessary in the interest of justice.

3. Today, learned advocate Mr. Prajapati makes a statement at bar that the petitioner does not want to press the present petition but except for the cost part. He is ready and willing to accept the order dated 27.02.2020 passed by the learned Principal Senior Civil Judge, Halvad in Land Acquisition Reference Case No.236 of 2018, except for the cost part as the cost of Rs.10,000/- is imposed upon the present petitioner.

4. In support of is challenged to the imposition of cost, learned advocate Mr. Prajapati submits that though the Court below has imposed a cost of Rs.10,000/- no justification is given by the Court below for imposition of such heavy cost. Learned AGP could not from the order justified the imposition of heavy cost upon the petitioner.

5. In view of above, learned AGP Mr. Shivam Dixit submits that appropriate order may be passed in the interest of justice.

6. In view of the fact that petitioner is not challenging the order

C/SCA/17768/2021 JUDGMENT DATED: 03/12/2021

dated 27.02.2020 passed by the learned Principal Senior Civil Judge, Halvad in Land Acquisition Reference Case No.236 of 2018 and considering the averments made in the petition as well as considering the statement made by the learned advocate Mr. Prajapati, the order dated 27.02.2020 passed by the learned Principal Senior Civil Judge, Halvad in Land Acquisition Reference Case No.236 of 2018 is quashed so far as imposition of cost of Rs.10,000/- is concerned, as there is no justification about imposition of such heavy cost to the petitioner in the impugned order.

7. In view of the aforesaid extent, the present petition is allowed. Rule is made absolute to the aforesaid extent.

(NIRZAR S. DESAI,J) VARSHA DESAI