Gujarat High Court
Dhudabhai Maganbhai Patel ... vs State Of Gujarat on 22 November, 2021
Bench: Nirzar S. Desai
C/SCA/16904/2021 ORDER DATED: 22/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16904 of 2021
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DHUDABHAI MAGANBHAI PATEL THROUGH POA HOLDER
YOGESHBHAI HARGOVINDDAS JOSHI
Versus
STATE OF GUJARAT
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Appearance:
MR ASIT B JOSHI(2567) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MR. BHARAT VYAS, AGP(99) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/11/2021
ORAL ORDER
1. By way of the present petition, the petitioner has prayed for
the following reliefs:-
(A) YOUR LORDSHIPS be pleased to issue a writ of
mandamus or a writ in the nature of mandamus, or any
other appropriate writ, order or direction, directing the
Respondent no.2 to implement Notice dtd. 13.05.2021
issued in Ganot Case No.166/2016 (earlier No.2 /2015)
(Annexure 'A') under the amended provisions of Sec.
63AB of The Gujarat Tenancy and Agricultural Lands
Act, 1948 in respect of land bearing block no. 87 and
intimate the amount to be paid by the petitioner under as
per Sec. 63AB (2) of the Act, within such stipulated time
as may be deem fit by this Hon'ble Court;
AND
Further be pleased to quash and set aside the
second part of the notice dtd. 13.05.2021 issued by
C/SCA/16904/2021 ORDER DATED: 22/11/2021
Respondent no.2 purportedly issued exercising
power u/s. 84C of the Gujarat Tenancy and
Agricultural Lands Act, 1948, considering the
submissions made herein above and order passed
by this Hon'ble Court in Special Civil Application
No.7623 of 2008 in the interest of justice and
equity;
(B) YOUR LORDSHIPS be pleased to direct
Respondent no.2 to consider the reply dtd. 15.10.2018
and 26.11.2020 submitted by the petitioner for making
payment of the amount as per and under the provision of
Sec. 63AB(2) of the Tenancy Act and take decision to
that effect and place the same on record of this Hon'ble
Court, pending the hearing, admission and final disposal
of this petition, in the interest of justice;
(C) YOUR LORDSHIPS be pleased to stay the
second part of the notice dtd. 13.05.2021 issued by
Respondent no.2 purportedly issued, exercising power
u/s. 84C of the of the Gujarat Tenancy and Agricultural
Lands Act, 1948, in respect of subject land, considering
the submissions made herein above and order passed by
this Hon'ble Court in Special Civil Application No.7623
of 2008, pending, admission, hearing and final disposal
of the petition;
(D) YOUR LORDSHIPS be pleased to grant such
other and further relief's as deemed fit in the interest of
Justice;
C/SCA/16904/2021 ORDER DATED: 22/11/2021
2. Heard learned advocate Mr. Asit B. Joshi for the petitioner and
learned advocate Mr. Bharat Vyas for the respondent - State.
3. At the time of arguing the matter, at the outset, learned
advocate Mr. Asit B. Joshi for the petitioner submitted that
what is challenged by way of the present petition is the notice
issued by the Mamlatdar and ALT, Vatva - respondent no.2
dated 13.05.2021 and the petitioner has already participated in
the proceedings arising out of the notice dated 13.05.2021 and
therefore, if suitable directions are issued by this Court to the
Mamlatdar and ALT to decide the proceedings pursuant to the
notice dated 13.05.2021, interest of justice would be served.
4. He further submitted that the proceedings under Section 84 C
of the Gujarat Tenancy and Agricultural Lands Act, 1948
carried out against the original purchaser of the land from
whom the petitioner has purchased the land in question have
already attained the finality and therefore, the second show
cause notice itself is misconceived. He further submitted that
one block of the land bearing survey no.588/1 (block no. 112)
has already been converted into N.A. land and therefore,
proceedings under the Tenancy Act cannot be initiated in
respect of that particular parcel of land. He further submitted
that as far as the other portion of the land is concerned, i.e.
block no. 87 the proceedings are initiated once again and the
earlier proceedings have attained the finality and therefore,
even in respect of block no. 87 of the land in question also, the
proceedings are not maintainable under section 84 C of
Gujarat Tenancy and Agricultural Lands Act, 1948 Act and
therefore, he submitted that though he has filed reply, if the
C/SCA/16904/2021 ORDER DATED: 22/11/2021
authority is directed to consider all the submissions, written
submissions and judgments that the petitioner may tender at
the time of hearing of the application and if the respondents
are directed to consider the same and pass a reasoned order
within a stipulated time, purpose would be served.
5. Considering the aforesaid innocuous prayer, the respondent
no.2 is directed to hear and decide the application in respect of
the notice dated 13.05.2021 issued by the respondent no.2
within a period of four months from today. At the time of
taking the decision, the authority is directed to take into
consideration the oral as well as the written submissions of the
petitioner.
6. It is clarified that this Court has not gone into the merits of the
matter.
7. With the above observations and directions, the present
petition is disposed of.
Direct service is permitted.
(NIRZAR S. DESAI,J)
VARSHA DESAI
