State Of Gujarat vs Dilipbhai Natwarlal Patel
2021 Latest Caselaw 1729 Guj

        C/LPA/1490/2018                                  ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/LETTERS PATENT APPEAL NO. 1490 of 2018
                                In
         R/SPECIAL CIVIL APPLICATION NO. 18000 of 2003
                              With
           CIVIL APPLICATION (FOR STAY) NO. 1 of 2016
                                In
           R/LETTERS PATENT APPEAL NO. 1490 of 2018
                              With
      CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2018
                                In
           R/LETTERS PATENT APPEAL NO. 1490 of 2018
                              With
            R/MISC. CIVIL APPLICATION NO. 763 of 2019
                               In
           SPECIAL CIVIL APPLICATION NO. 1627 of 2018
                              With
        CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
                                In
            R/MISC. CIVIL APPLICATION NO. 763 of 2019
                               In
           SPECIAL CIVIL APPLICATION NO. 1627 of 2018
==========================================================
                    STATE OF GUJARAT & 2 other(s)
                              Versus
               DILIPBHAI NATWARLAL PATEL & 17 other(s)
==========================================================
Appearance:
MR DM DEVNANI, AGP for the Appellant(s) No. 1,2,3
MR SHITAL R PATEL(2166) for the Respondent(s) No.
1,10,11,12,13,14,15,2,3,4,5,6,7,8,9
RULE NOT RECD BACK(63) for the Respondent(s) No. 16,17,18
==========================================================
 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
         and
         HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                            Date : 05/02/2021

                          COMMON ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1. We have heard Shri Shital R. Patel, learned counsel, for the applicants in the contempt application, Shri Dharmesh Devnani,

C/LPA/1490/2018 ORDER

learned Assistant Government Pleader for the opposite party in the contempt application and also for the State-appellants in Letters Patent Appeal No.1490 of 2018 and Shri Shital Patel, learned counsel, appears on behalf of the respondents in the Letters Patent Appeal.

2. The State had preferred the Letters Patent Appeal against the judgment of learned Single Judge dated 14.2.2019, whereby learned Single Judge allowed the petition. Operative portion of the judgment of learned Single Judge, as contained in para 11 and 12, is reproduced below:-

"11. In view of the above, the present petition stands allowed. The communication dated 8.5.2017 issued by the Collector, Ahmedabad as well as order dated 28.12.2017 passed by learned Secretary, Revenue Department (Appeals) in Revision Application No.42 of 2017 are hereby quashed and set aside. The matter is remanded to the Collector, Ahmedabad to reconsider the application for N.A. Permission afresh and the District Collector, Ahmedabad shall not reject the said application for N.A. Permission on the ground of pendency of Letters Patent Appeal No.2077 of 2016. The District Collector, Ahmedabad is hereby directed to decide the N.A. Permission application of the petitioner as expeditiously as possible, preferably within a period of four weeks from the date of receipt of copy of this order, after giving an opportunity of hearing to all concerned. Rule is made absolute. Direct service is permitted.

12. It is needless to state that all contentions that may be raised by either parties are kept open."

3. During the pendency of the Letters Patent Appeal, apparently, the writ petitioners had preferred the contempt application, being Misc. Civil Application No.763 of 2019, in which notices were issued.

4. The Letters Patent Appeal preferred by the State suffered from the delay of 1217 days. The Division Bench of this Court, vide

C/LPA/1490/2018 ORDER

judgment and order dated 29.11.2018, condoned the delay and directed for listing of the Letters Patent Appeal for hearing on 7.12.2018. This order of the Division Bench condonining the delay was carried to the Supreme Court by way of Special Leave to Appeal (Civil) No.2359 of 2019, in which an interim order was passed on 1.2.2019, whereby the judgment and order dated 29.11.2018 was stayed. In the meantime, certain developments took place, because of which, the original writ petitioners/ applicants agreed to comply with the conditions imposed by the Revenue Department, vide communication dated 27.2.2020, for depositing the entire amount, as claimed. As such, the request was made before this Court to dispose of the contempt application as also the Letters Patent Appeal in view of the stand of the original writ petitioners.

5. By a detailed order dated 16.3.2020, we expressed our helplessness in proceeding with the matter in view of the stay order passed by the Supreme Court. Order dated 16.3.2020 is reproduced below:-

1. We have heard Shri Shital Patel, learned counsel for Ms.Krushita Dave, learned counsel for the applicant and Ms.Manisha Lavkumar Shah, learned Government Pleader along with Shri J.K.Shah, learned Assistant Government Pleader for the opposite party.

2. Learned counsel for the applicant submitted that in view of the communication of the Revenue Department dated 27.02.2020 requiring the applicant to submit an undertaking within 21 days to pay the premium to the tune of Rs.1,69,24,800/on or before 31.03.2020, nothing further would survive either in this contempt application or Letters Patent Appeal and the same could be disposed of.

3. The difficulty in disposing of the aforementioned matters is the order passed by the Supreme Court dated 01.02.2019 in Petition for Special Leave to Appeal (C) No.2359 of 2019 filed by the present applicant against the order dated 29.11.2018 passed in Civil Application No.1 of 2017 in F/Letters Patent Appeal No.2077 of

C/LPA/1490/2018 ORDER

2016, whereby the Division Bench had condoned the delay of 1217 days in filing the appeal. By the said order, the Supreme Court stayed the operation of the order of the High Court impugned before it. Since the order condoning delay further provided that the Letter Patent Appeal be listed for hearing on 07.12.2018 and as the order of the Division Bench has since been stayed, we are unable to proceed with the Letters Patent Appeal.

4. Upon this, learned counsel for the applicant submitted that he would immediately move the Supreme Court for withdrawing the aforementioned Special Leave Petition so that both the matters may be finally disposed of. The only difficulty mentioned by the learned counsel for the applicant is that as he was required to submit an undertaking within 21 days of the order of the Revenue Department dated 27.02.2020 and the amount is to be deposited on or before 31.03.2020, the said time may expire and may create further complications. Learned Government Pleader states that in case there is any such difficulty, the time would be extended subject to the calculation of the premium at the current Jantri rate.

5. In view of the above, two weeks time is granted to learned counsel for the applicant to get the Special Leave Petition withdrawn and file an appropriate application before this Court for early listing of the matter.

6. In view of the liberty taken by the applicant, as recorded in para 5 of the above order, the applicant approached the Supreme Court and the Supreme Court by order dated 17.11.2020 allowed the said application and dismissed the S.L.P. The said order is reproduced below:-

"IA No.95331/2020- WITHDRAWAL OF CASE/ APPLICATION

Learned counsel for the petitioners points out that in view of the subsequent development the petitioners seek to withdraw the special leave petition. He further submits that in terms of the subsequent order passed by the High Court on 16th March, 2016, the High Court granted two weeks' time to withdraw the special leave petition but in view of the Covid problem, the application has come up later than that.

C/LPA/1490/2018 ORDER

In view of the aforesaid, we allow the application and direct that the application filed should be treated as in order and the time for making the application before this Court stands extended.

The application stands disposed of accordingly.

S.L.P. (Civil) No.2359 of 2019

The Special Leave Petition is accordingly dismissed as withdrawn in terms of orders passed in IA No.95331/2020."

7. Today, both the parties are before us and have stated that in view of the acceptance by the original writ petitioners, all the matters would not require any further consideration. Shri Devnani has pointed out that as per the contents of para 6 of the affidavit-in- reply of the respondent in the contempt application, duly sworn by Shri Harshad M. Vora, Residential Additional Collector, Ahmedabad, the matter be disposed of recording the said facts stated in the aforesaid paragraph. Entire para 6 of the aforesaid affidavit-in-reply dated 5.3.2020 of Mr. Vora is reproduced below:-

"6. As stated hereinabove that with a view to see that the applicant can develop the land without any hindrance and litigation, moved an application on 21.22.10.2019 requesting to decide the the premium for the survey no./block no.85, TP 60, FP no.47, admeasuring 8256 sq. mtrs. I state that the aforesaid application was processed and with a positive proposal, it was sent to the Deputy Secretary, Revenue Department, New Sachivalaya, Gandhinagar. A copy of the proposal sent by the Office of the Collector dated 10.02.2020 to the Deputy Secretary, Revenue Department is annexed hereto and marked as Annexure-R1 to this affidavit in reply. I state that pursuant to the aforesaid proposal dated 10.02.2020, the proposal was considered by the Revenue Department and vide letter dated 27.02.2020, the Revenue Department conveyed to the office of the Collector that application for accepting the premium may be proceeded further subject to the undertaking of the petitioner that he will withdraw the cases pending in the Court and in future will not file any case in this context and for that appropriate undertaking may be

C/LPA/1490/2018 ORDER

obtained as per the letter dated 27.02.2020. A copy of the letter dated 27.02.2020 is annexed hereto and marked as Annexure-R2 to this affidavit in reply. I state that on the same day, i.e. 27.02.2020, the office of the Collector intimated the present applicant to pay the premium to the tune of Rs.1,69,24,800/- and required undertaking within 21 days. I state that on receipt of the premium and the undertaking, not only the controversy but whole question of new tenure or old tenure will come to an end and the Letters Patent Appeal no.1490 of 2018 filed by the State Government as well as the Special Leave Petition no.2359 of 2019 filed by the present applicant will also not survive and come to an end."

8. In view of the above, neither the appeal of the State would require any further consideration nor the contempt application. Accordingly, both stand DISPOSED OF. The applicants (original writ petitioners) may proceed to get the proceedings for N.A. carried out by making necessary deposits within a period of THREE WEEKS from today and thereafter, appropriate orders may be passed by the competent authority. Consequently, the connected Civil Applications also stand DISPOSED OF.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) OMKAR