Special Land Acquisition Officer vs Patel Shivabhai Bababhai
2021 Latest Caselaw 8062 Guj

      C/FA/493/2021                                     IA ORDER DATED: 08/07/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


        CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2021
                   In R/FIRST APPEAL NO. 493 of 2021
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PATEL SHIVABHAI BABABHAI Versus SPECIAL LAND ACQUISITION OFFICER ========================================================== Appearance:

MR AV PRAJAPATI for the PETITIONER(s) No. MR TIRTHRAJ PANDYA, AGP for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 08/07/2021

IA ORDER

In the facts of the case and having regard to the request and consent of learned advocates appearing for the parties, the present Civil Application is taken up for final consideration.

1.1 Rule, returnable forthwith. Learned Assistant Government Pleader Mr.Tirthraj Pandya waives service of notice of Rule on behalf of the respondent authorities.

1.2 Heard learned advocate Mr.A.V. Prajapati for the applicants and learned Assistant Government Pleader for the respondents-original appellants.

2. What is prayed is to permit and join legal heirs and representatives arraigned as applicant Nos.1/1 to 1/4 in the First Appeal as well as in the connected proceedings of Civil Application. They are the heirs of deceased Patel Shivabhai Bababhai who was the original claimant in the Reference Cases

C/FA/493/2021 IA ORDER DATED: 08/07/2021

decided by the court of learned Principal Senior Civil Judge, Vijapur, Mehsana by common judgment and order dated 06th March, 2018 in Land Reference Case Nos.13-16 of 2014.

3. The prayer for joining the heirs is supported by copy of death certificate produced on record evidencing death of Patel Shivabhai Bababhai as well as pedigree issued by the competent authority.

4. In the facts of the case, application deserves to be granted. Accordingly, applicant Nos.1/1 to 1/4 are permitted to be joined as heirs and legal representatives of deceased applicant - original claimant.

5. The cause-title of the First Appeal as well as connected Civil Application shall stand amended.

Rule is made absolute.

(N.V.ANJARIA, J) ANUP