Decd. Bhikhubhai Gigabhai ... vs The Collector Of Porbandar
2021 Latest Caselaw 2964 Guj

         C/SCA/3491/2021                                     ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 3491 of 2021

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 DECD. BHIKHUBHAI GIGABHAI ODEDARA THROUGH HEIRS AND LRS
                KETAN BHIKHUBHAI ODEDARA
                           Versus
              THE COLLECTOR OF PORBANDAR
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Appearance:
MR NIRAL R MEHTA(3001) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3
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 CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                            Date : 20/02/2021
                             ORAL ORDER

1. Heard learned advocate Mr. Niral Mehta for the petitioner through video conference.

2. Learned advocate Mr. Mehta for the petitioner submitted that late father of the petitioner was alloted the land admeasuring 60.61 sq.yards situated adjoining to Municipal Ward No. 11-5- 271 by respondent No.2-Porbandar Municipality by Resolution No. 307 dated 25.03.1996 and it was resolved that the said land was alloted to the late father of the petitioner for payment of Rs. 29092.29/-.

3. Learned advocate Mr. Mehta submitted that the said resolution was cancelled by the Collector against which civil proceedings were initiated by the late father of the petitioner by filing Regular Civil Suit No. 56 of 2000 which was allowed by

C/SCA/3491/2021 ORDER

judgement and decree dated 30.11.2005 and Regular Civil Appeal No. 5 of 2006 filed by respondent No.1-Collector, Porbandar was allowed by order dated 12.10.2009 by quashing and setting aside the judgment and decree dated 30.11.2005 as well as order dated 03.09.1996 passed by the Collector setting aside the Resolution No. 307.

4. Learned advocate Mr. Mehta submitted that therefore, Resolution No. 307 has come into operation as the Collector has not taken any decision after the order passed in the appeal in the year 2009. Learned advocate Mr. Mehta submitted that respondent No.2-Nagar Palika also passed another Resolution No. 107 dated 09.07.2014 allotting the land in the same area to respondent No. 3.

5. Considering the above submissions, issue Notice returnable on 22nd March,2021. Direct service through Registered Post A.D. is permitted.

(BHARGAV D. KARIA, J) JYOTI V. JANI