State Of Gujarat vs Naranbhai Rudabhai Meriya
2021 Latest Caselaw 264 Guj

         C/CA/21/2021                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CIVIL APPLICATION NO. 21 of 2021
                                     In
              F/LETTERS PATENT APPEAL NO. 21885 of 2020
                                   With
              F/LETTERS PATENT APPEAL NO. 21885 of 2020
                                    In
              SPECIAL CIVIL APPLICATION NO. 11852 of 2009
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                             STATE OF GUJARAT
                                   Versus
                        NARANBHAI RUDABHAI MERIYA
=================================================================
Appearance:
MS SHRUTI PATHAK ASSISTANT GOVERNMENT PLEADER for the Applicant(s)
No. 1,2
 for the Respondent(s) No. 1
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
                            and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

Date : 08/01/2021

ORAL ORDER

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

We have heard Ms. Shruti Pathak, learned Assistant Government Pleader for the State - appellants.

Normally, we would have dismissed the delay condonation application considering the extra ordinary delay of 3452 days in filing the appeal. But considering the merits of the matter, we prima facie, find that the judgment of the learned Single Judge would be difficult to be sustained as admittedly an encroacher/trespasser is being benefited of six (6) acres of urban land under the order of the learned Single Judge, whereas, the writ petitioner had lost before the revenue authorities right from the stage of Mamlatdar, upto Secretary (Appeals). The petitioner

C/CA/21/2021 ORDER

had also failed to pay penalty imposed upon him and the offer given to him subsequently. The direction of providing alternative land by the learned Single Judge is also prima facie, not sustainable under any statutory provisions or under any Government Policy. The learned Single Judge has not recorded any finding that the petitioner was not a trespasser or encroacher but rather admitted his status as encroacher as recorded in the revenue records. We, therefore, issue Notice on the delay condonation application as also appeal making it returnable on 22.02.2021.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) /phalguni/