Gujarat High Court
Kanjibhai Dalsukhbhai Solanki vs State Of Gujarat on 25 June, 2021
Bench: Sonia Gokani
C/SCA/15502/2007 ORDER DATED: 25/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15502 of 2007
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KANJIBHAI DALSUKHBHAI SOLANKI & 2 other(s)
Versus
STATE OF GUJARAT & 5 other(s)
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Appearance:
DECEASED LITIGANT(100) for the Petitioner(s) No. 3
MR MEHUL H RATHOD(701) for the Petitioner(s) No.
1,2,2.1,2.2,3.1,3.2,3.3,3.4,3.5
for the Respondent(s) No. 5
GOVERNMENT PLEADER(1) for the Respondent(s) No. 1,2,3
MR HARNISH V DARJI(3705) for the Respondent(s) No. 4,6
MR RS PANJWANI(2016) for the Respondent(s) No. 4,6
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
Date : 25/06/2021
ORAL ORDER
1. This is a petition preferred under Articles 226 and
227 of the Constitution of India with the following reliefs:
"9...
(A) Your Lordships may be pleased to issue a
writ of certiorari or any other appropriate writ order
or direction in the nature of certiorari for quashing
and setting aside the order dated 21.12.2006 passed
by the Secretary, Revenue Department (Appeals),
Gandhinagar in Revision Application
No.M.V.V./HKP/VDD/13/1997 (Annexure-F to this
petition).
(B) During the pending and final disposal of the
petition, YOUR LORDSHIPS may be pleased to stay
implementation, operation and execution of the order
dated 21.12.2006 passed by the Secretary, Revenue
C/SCA/15502/2007 ORDER DATED: 25/06/2021
Department (Appeals), Gandhinagar in Revision
Application No. M.V.V./HKP/VDD/13/1997 (Annexure-F
to this petition).
(C) YOUR LORDSHIPS may be pleased to pass
such other order as may be deemed just and proper
in the circumstances."
2. In Execution Application No.100 of 2000 before the
Joint District Judge, Vadodara, there was yet another
application being Special Civil Application No.10768 of
2004, which came to be disposed of after the same having
been de-tagged from this matter on 03.05.2017, by virtue
of the order of this Court (Coram:Justice K.M.Thaker).
3. According to the learned advocate, Mr.Mehul Rathod,
Special Civil Application No.10768 of 2004 has also been
disposed of by direction of this Court, where the Civil Suit
is pending.
3.1. According to him, Regular Civil Suit No.625 of 1999
preferred before the Court of Civil Judge, Vadodara has
been decided by and between the private parties on
29.09.2018. An appeal came to be preferred against the
said judgment and order by the present petitioners before
the District Court, Vadodara and the same is pending
subject to the outcome of the appeal, which is pending,
the rights of the parties would be governed without any
prejudice to the rights of either sides.
3.2 He, at this stage, does not press this petition. Other
C/SCA/15502/2007 ORDER DATED: 25/06/2021
side has no objection to such a request.
4. Present petition is being disposed of without entering
into the merits of the case. This withdrawal shall not come
in the way of the petitioners in pursuing their legal
remedy, which they have already resorted to. In case of
any difficulty, the petitioners can approach this Court.
5. Interim relief stands vacated. Rule is discharged.
(SONIA GOKANI, J)
M.M.MIRZA
