Manjulaben Shaileshbhai Modi ... vs State Of Gujarat
2021 Latest Caselaw 1905 Guj

C/LPA/1243/2017     MANJULABEN S MODI LRs OF KUNTABEN v STATE OF GUJ     ORDER DT. 9.2.21



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/LETTERS PATENT APPEAL NO. 1243 of 2017
                                      In
                  R/SPECIAL CIVIL APPLICATION NO. 7084 of 1999

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    MANJULABEN SHAILESHBHAI MODI LEGAL HEIRS OF KUNTABEN
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR NIKUNT K RAVAL(5558) for the Appellant(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
MR. RAJ A TRIVEDI(7024) for the Respondent(s) No. 2
VIRAL K SHAH(5210) for the Respondent(s) No. 2
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  CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
         and
         HONOURABLE MS. JUSTICE GITA GOPI

                                    Date : 09/02/2021

                                      ORAL ORDER

(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

Mr. Saurabh Soparkar, learned Senior Counsel submits that

he represents the purchasers of the excess land determined by

the Competent Authority to the extent of 78,029 sq.mtrs. which

was sold under approximately 19 Sale Deeds and some of them

are represented by him and he submits that the said purchase of

the land in question was made in July 1999, on which the date

under the order of the Tribunal dated 22.3.1999, the order dated

6.4.1977 of the Competent Authority under Section 10(3) of the

ULC Act stood set aside.

C/LPA/1243/2017 MANJULABEN S MODI LRs OF KUNTABEN v STATE OF GUJ ORDER DT. 9.2.21

The said order of the learned Tribunal dated 22.3.1999 has

been quashed by the learned Single Judge by the order dated

20.2.2017 with the strictures passed against the Presiding Officer

of the said Tribunal Mr. A.K. Banerjee, IAS and holding that the

said order dated 22.3.1999 was contrary to the judgments of the

Hon'ble Supreme Court and passed by this Court. Even this

Bench has now taken a view in favour of the State on the

interpretation under Section 10(3), 10(5) and 10(6) of the ULC Act

recently in the judgment delivered on 22.1.2021 in the case of

Legal Heirs of deceased Jethabhai Ishwarbhai vs. State of

Gujarat in Letters Patent Appeal No.405 of 2017.

Learned Senior Counsel Mr. Soparkar has submitted that

the said purchaser Mr. Pankaj H. Patel has filed a separate writ

petition before the learned Single Judge viz. Special Civil

Application No.2716 of 2021 which is pending in this Court and

he submits that a Submission has been made before the Hon'ble

Chief Justice of this Court to tag this Special Civil Application

No.2716 of 2021 to the present Letters Patent Appeal No.1243 of

2017 - Manjuben Shaileshbhai Modi, Legal Heirs of Kuntaben vs.

State of Gujarat. The Appellants in this Court are represented by

Mr. Mihir Thakore, learned senior counsel briefed by Mr. Nikunt

C/LPA/1243/2017 MANJULABEN S MODI LRs OF KUNTABEN v STATE OF GUJ ORDER DT. 9.2.21

Raval, learned counsel.

At the request of Mr. Saurabh Soparkar, learned senior

counsel, list the matter again on 18.2.2021.

We make it clear that no further adjournment shall be

granted in this case.

(DR. VINEET KOTHARI, J)

(GITA GOPI, J) Bharat