Patel Amthabhai Shivramdas vs The State Of Gujarat
2021 Latest Caselaw 4280 Guj

         C/SCA/2475/2021                                            ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 2475 of 2021
==========================================================
             PATEL AMTHABHAI SHIVRAMDAS & 22 other(s)
                             Versus
                 THE STATE OF GUJARAT & 2 other(s)
==========================================================
Appearance:
MR TEJAS P SATTA(3149) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,3,4,5,6,7,8,9
MS.DIVYANGNA JHALA, AGP for the Respondent(s) No. 1,2,3
==========================================================
 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
         and
         HONOURABLE MR. JUSTICE A.C. RAO
                       Date : 16/03/2021
                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr.Tejas Satta for the petitioners and learned Assistant Government Pleader Ms.Divyangna Jhala for the respondent State and its authorities.

2. It is for the following prayer that the petitioners have filed this petition invoking the writ jurisdiction of this Court.

"to suitably modify the impugned order dated 27/07/2020, rejecting the payment pursis applications preferred by the petitioners herein in the Land Reference Cases bearing L.A.R. No.1465, 1471, 1473, 1475, 1477 to 1480, 1482 to 1488, and 1494 of 2011 before the Ld. Principal Senior Civil Judge, Mahesana."

3. The petitioners were the original claimants in the aforementioned Land Reference Cases which came to be allowed by the learned Principal Senior Civil Judge, Mehsana as per judgment and award dated 31.8.2018. Undisputedly, against the said judgment and award, the State has preferred the First

C/SCA/2475/2021 ORDER

Appeals before this Court, which are pending.

4. During the pendency of the Appeals, it appears that the claimants approached the Reference Court seeking payment by filing the payment pursis, which prayer has been rejected in all cases by the Court of learned Principal Senior Civil Judge, Mehsana. The common ground rejecting the prayer in respect of all the claimants, as could be immediately seen from the impugned order dated 27.7.2014, is that the learned Reference Court has reasoned inter alia that the appeals are pending before the High Court and in that view, the disbursement could not be ordered by it.

5. We do not find any infirmity in the said reasoning to interfere with the order in exercise of writ jurisdiction, more particularly, it is always open for the petitioners­ claimants who are respondents in the pending First Appeals before this Court, to move appropriate application in the said First Appeal proceedings to pray disbursement of the amount, to be considered by the Court in accordance with law and on its own merits.

6. While the petitioners­ claimants are not precluded from moving such application we do not express any opinion in respect of the proposed applications which may be filed.

7. So far as the present petition is concerned, in view of the above, same is dismissed summarily.

(N.V.ANJARIA, J)

(A. C. RAO, J) Manshi