Legal Heirs Of Decd. Rabari Okha ... vs Special Land Acquisition Officer
2021 Latest Caselaw 14673 Guj

     C/SCA/5955/2021                                     ORDER DATED: 21/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5955 of 2021

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                LEGAL HEIRS OF DECD. RABARI OKHA JAGA
                                Versus
                  SPECIAL LAND ACQUISITION OFFICER
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Appearance:
MR VIRAL J DAVE(5751) for the Petitioner(s) No.
1,1.1,1.10,1.2,1.3,1.3.1,1.3.2,1.3.3,1.3.4,1.3.5,1.3.6,1.3.7,1.3.8,1.4,1.4.1,1.4.2
,1.4.3,1.4.4,1.4.5,1.5,1.5.1,1.5.2,1.5.3,1.6,1.6.1,1.6.2,1.6.3,1.7,1.8,1.8.1,1.8.2,
1.8.3,1.8.4,1.9
 for the Respondent(s) No. 2
Ms. Megha Chitaliya, ld. AGP(99) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE B.N. KARIA

                                Date : 21/09/2021

                                 ORAL ORDER

By preferring this petition, the petitioners have challenged the

order dated 8th February, 2021 passed by learned Principal Senior

Civil Judge, Palanpur in Civil Misc. Application No. 30 of 2019.

Heard learned advocate for the petitioners.

It is submitted by learned advocate for the petitioners that the

petitioners came to know about the reference case only at the time

of withdrawal of amount of compensation. That, the petitioners have

also challenged the judgment and award before this Court. It is

further submitted that when they approached their lawyer, they were

advised first to bring the legal heirs of deceased Rabari Jabalben

D/o. Jagabhai and also heirs of Rabari Okhabhai Jagabhai.

C/SCA/5955/2021 ORDER DATED: 21/09/2021

Thereafter, once all the heirs are brought on record, they can

challenge the judgement and award before the Appellate Court. That,

in the application, the petitioners have clearly stated that they were

not aware with regard to filing of reference case by the deceased

Rabari Jabalben and therefore, legal heirs were not brought on

record. That, trial Court has committed an error in dismissing the

application.

Notice returnable on 18.10.2021. Ms. Megha Chitaliya,

learned AGP waives service of notice for and on behalf of the

respondent No.1.

(B.N. KARIA, J) BEENA SHAH