Jivrajbhai Narsinhbhai ... vs State Of Gujarat
2021 Latest Caselaw 199 Guj

          C/LPA/7/2021                                        ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             R/LETTERS PATENT APPEAL NO. 7 of 2021
        In R/SPECIAL CIVIL APPLICATION NO. 15732 of 2020
                              With
      CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2020
            In R/LETTERS PATENT APPEAL NO. 7 of 2021
==========================================================
                 JIVRAJBHAI NARSINHBHAI TURAKHIYA
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR NK MAJMUDAR(430) for the Appellant(s) No. 1,2
for the Respondent(s) No. 1,2
==========================================================

 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
        NATH
        and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                               Date : 07/01/2021

                             ORAL ORDER

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

1 Heard Shri N.K.Majmudar, learned counsel for the appellants.

2 Although the State of Gujarat and the Registrar, Gujarat Real Estate Appellate Tribunal have been arraigned as respondent Nos. 1 and 2, but both are proforma respondents insofar as the relief that can be considered in the present appeal is concerned. The appellant is primarily aggrieved by the imposition of costs of Rs.10,000/- by the learned Single Judge while dismissing the writ petition.

            C/LPA/7/2021                                           ORDER




3     Shri Majmudar, learned counsel for the appellants,
has    sought       to    justify   that          there   was    neither          any
concealment           nor   any      intentional          mischief        by       the

appellants in order to obtain any order from the Court and as such the imposition of costs is without any due justification and unwarranted.

4 Having considered the facts and circumstances of the case, we feel that the imposition of costs may be too harsh in the present matter. Accordingly, the appeal is partly allowed to the extent that the costs of Rs.10,000/- imposed by the learned Single Judge vide impugned judgment dated 16.12.2020 in Special Civil Application No.15732 of 2020 is set aside. Rest of the order shall remain in tact.

4 Consequently, connected Civil Application stands disposed of.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) P. SUBRAHMANYAM