Gujarat High Court
Ghanshyambhai Trikamlal Patel vs State Of Gujarat on 5 February, 2021
Bench: N.V.Anjaria, Ashokkumar C. Joshi
C/LPA/191/2017 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR MODIFICATION OF ORDER) NO. 1 of
2020
In R/LETTERS PATENT APPEAL NO. 191 of 2017
In R/SPECIAL CIVIL APPLICATION NO. 30566 of 2007
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GHANSHYAMBHAI TRIKAMLAL PATEL
Versus
MANGUBEN D/O REVABHAI W/O LALDAS CHHAGANLAL
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Appearance:
for the PETITIONER(s) No.
MR SP MAJMUDAR for the PETITIONER(s) No.
MR VIMAL A PUROHIT for the PETITIONER(s) No.
GIRISH K PATEL for the RESPONDENT(s) No.
MS. DHWANI TRIPATHI, ASSISTANT GOVERNMENT PLEADER for the
RESPONDENT(s) No.
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CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 05/02/2021
IA ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Learned advocate Mr. S.P.Majmudar at the outset seeks to delete
respondent Nos. 3 to 6 stating that they are not contesting parties for the
purpose of present application.
2. What is prayed in this application is to modify para no.3 of order
dated 12.3.2020 passed in Letters Patent Appeal No. 191 of 2017 by
replacing the Revenue Survey Nos. 69/1, 79/1, 72 and 69/1/B at village
Saij, Taluka Kalol, District Gandhinagar with correct Revenue Survey
Numbers being 69/1/A, 69/1/B, 70/1 and 70/2 of the said village.
C/LPA/191/2017 IA ORDER
2.1 In the facts of the case, Rule returnable forthwith.
2.2 Learned Assistant Government Pleader Ms. Dhwani Tripathi
waives service of Rule on behalf of respondent Nos.1 and 7, whereas
learned advocate Mr. Girish Patel waives service of Rule on behalf of
respondent No.2.
2.3 Heard learned advocate for the applicant, learned Assistant
Government Pleader for respondent Nos. 1 and 7 and learned advocate
for respondent No.2.
3. It may be mentioned that the prayer made in this present
application was asked for by filling Note for speaking-to-minutes.
However, since the corrections which the applicant wanted was in
relation to mentioning of Survey Numbers of the land involved, the Note
for speaking-to-minutes in that regard was rejected by order dated
23.10.2020. The petitioner was given liberty to move the proper
application.
3.1 In this application now filed, it is stated that Survey Numbers of
the land mentioned in para 3 of judgment dated 12.3.2020 passed in
Letters Patent Appeal No. 191 of 2017 as "69/1, 79/1, 72 and 69/1/B"
were incorrect. It was stated that the correct Survey Numbers required to
be stated are, " 69/1/A, 69/1/B, 70/1 and 70/2" of village Saij, Taluka
Kalol, District Gandhinagar.
4. In support of the above, learned advocate for the applicant
demonstrated that at all material places the above correct Survey
Numbers were mentioned. (i) In memorandum of writ petition, the very
C/LPA/191/2017 IA ORDER
Survey Numbers " 69/1/A, 69/1/B, 70/1 and 70/2" were mentioned. (ii)
In the judgment of the Gujarat Revenue Tribunal, the same Survey
Numbers are mentioned. (iii) Even in the order of learned single Judge,
from which the Letters Patent Appeal arose, the Survey Numbers are
mentioned as correct Survey Numbers as above.
5. In the aforesaid view, it could be established that at all material
places, the correct Survey Numbers are mentioned. However, in para 3
of the judgment dated 12.3.2020 passed in Letters Patent Appeal No. 191
of 2017 error in mentioning the Survey Numbers has crept in. Therefore,
in para-3 of judgment dated 12.3.2020 in Letters Patent Appeal No. 191
of 2017, the Revenue Survey Numbers shown as "69/1, 79/1, 72 and
69/1/B" be replaced with correct Survey Numbers to be "69/1/A, 69/1/B,
70/1 and 70/2". The said order dated 12.3.2020 shall stand corrected and
shall be reissued by the Registry. The present application is allowed.
Rule is made absolute.
(N.V.ANJARIA, J)
(A. C. JOSHI,J)
C.M. JOSHI
