Lalubha Fatesing Waghela vs Collector
2021 Latest Caselaw 3277 Guj

      C/LPA/1901/2017                                     JUDGMENT DT.: 25.02.2021
                   LALUBHA FATESING   WAGHELA Vs. COLLECTOR & 1 other


         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/LETTERS PATENT APPEAL NO. 1901 of 2017

                                           In

         R/SPECIAL CIVIL APPLICATION NO. 19251 of 2015


FOR APPROVAL AND SIGNATURE:


HONOURABLE DR. JUSTICE VINEET KOTHARI

and

HONOURABLE MS. JUSTICE GITA GOPI

==============================================================

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 ?

==============================================================
                     LALUBHA FATESING WAGHELA
                               Versus
                        COLLECTOR & 1 other(s)
==============================================================
Appearance:
None appears for the Appellant(s) No. 1,1.1,1.2

MR UTKARSH SHARMA ASSISTANT GOVERNMENT PLEADER
for the Respondent(s) No. 1, 2
==============================================================

CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
       and
       HONOURABLE MS. JUSTICE GITA GOPI




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      C/LPA/1901/2017                                     JUDGMENT DT.: 25.02.2021
                  LALUBHA FATESING   WAGHELA Vs. COLLECTOR & 1 other


                              Date : 25/02/2021

                              ORAL JUDGMENT

(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

1. Nobody appears for the Appellants - Petitioners, though name

of learned Counsel Mr. Viral M.Pandya, is shown in the Cause-List.

At the beginning of the day, some Junior Counsel mentioned for

adjournment, but since he was not aware of any of the facts of the

case, we turned down the said request and requested him to remain

in the meeting so that the matter can be argued when the case is

called out. However, nobody is present in the meeting, when the

case is taken up.

2. We have perused the order of the learned Single Judge dated

28.06.2017, by which the learned Single Judge has dismissed the

Special Civil Application No.19251 of 2015 on the ground that

upon the sale of the Old Tenure Land on the condition that the same

shall be used for agricultural purposes, since the present Appellant -

Petitioner, the purchaser, had constructed a Hotel on the said land in

question, therefore, the proceedings were initiated against him for

resuming the land and vesting the same in the State Government and

C/LPA/1901/2017 JUDGMENT DT.: 25.02.2021 LALUBHA FATESING WAGHELA Vs. COLLECTOR & 1 other

as recorded in Para-3 of the order, the statement of the Assistant

Government Pleader, Ms. Thakore, that the construction in question

has been demolished and the land has been forfeited with the State

Government. The learned Single Judge found that since there are

concurrent findings of the three Revenue Authorities, there were no

reason to interfere with the same in the Writ jurisdiction.

3. We do not find any further grounds to interfere with the said

order of the learned Single Judge. The present Letters Patent Appeal

is thus found devoid of any merits and the same is liable to be

dismissed and accordingly dismissed. No order as to costs.

4. Copy of this order may be sent to the Appellants - Petitioners.

(DR. VINEET KOTHARI, J.)

(GITA GOPI, J.) Pankaj