Shhabirbhai Mansurali Lakadiya ... vs State Of Gujarat
2021 Latest Caselaw 15173 Guj

       C/LPA/809/2021                              ORDER DATED: 27/09/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 809 of 2021
            In R/SPECIAL CIVIL APPLICATION NO. 9688 of 2021
                                  With
         CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
              In R/LETTERS PATENT APPEAL NO. 809 of 2021
==========================================================
 SHHABIRBHAI MANSURALI LAKADIYA LHS OF MANSURALI AKBARALI
                          Versus
                    STATE OF GUJARAT
==========================================================
Appearance:
MR DHRUV D DESAI(9909) for the Appellant(s) No. 1
MR DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
           R.M.CHHAYA
           and
           HONOURABLE MR. JUSTICE BIREN VAISHNAV

                           Date : 27/09/2021
                       COMMON ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)

1. Feeling aggrieved and dissatisfied by the

judgment and dated 31.07.2021 passed by the learned

Single Judge (Mr.Justice A.Y.Kogje), the original

petitioner has preferred this appeal under Clause 15

of the Letters Patent.

2. Heard Mr.Dhruv Desai, learned counsel for

the appellant and Mr.Dhawan Jayswal, learned

Assistant Government Pleader appearing on advance

copy for the respondent State authorities.

C/LPA/809/2021 ORDER DATED: 27/09/2021

3. The following facts emerge from the record

of the petition. The subject-matter of challenge in

the writ petition being Special Civil Application

No.9688 of 2021 is an order dated 19.06.2021 passed

by the District Collector, Botad. The land bearing

Survey No.35 Part situated at City Botad is a

Government Waste Land, out of which the petitioner's

predecessor i.e. his father viz. Mansurali Akbarali

was given on lease an area admeasuring 4180 sq.mtrs.

initially for a period of seven years for the purpose

of godown for explosives vide order dated 07.08.1964.

As the record unfolds ultimately the land in question

was alienated to the father of the appellant for

permanent occupation by the Collector, Bhavnagar

vide order dated 20.03.1976. It is the case of the

appellant that necessary occupancy charges were paid

and the explosives used to be stored upon the said

land. It is the case of the appellant that the State

Government desired to establish a new Civil Hospital

and Medical College upon the waste land bearing

Survey No.35 at Botad. It is the case of the

appellant that the appellant has valid licence to

possess explosives which has been renewed till 2023.

C/LPA/809/2021 ORDER DATED: 27/09/2021

It appears that the proceedings for breach of

condition of the land allotted came to be initiated

in the State authorities which gave rise to filing of

the writ petition being Special Civil Application

No.7580 of 2021 which culminated into an order dated

17.06.2021 passed by this Court wherein the District

Collector was specifically directed to hear the

appellant and pass appropriate orders. The Collector

vide order dated 19.06.2021 passed an order whereby

the allegation of breach of condition against the

appellant is believed and consequential orders for

vacating the land is passed by the Collector. The

order dated 19.06.2021 came to be challenged by way

of writ petition being Special Civil Application

No.9688 of 2021. The learned Single Judge after

considering the submissions made was pleased to

dismiss the petition on the ground that an

alternative remedy is available. The said order is

under challenge before this Court.

4. Mr.Dhruv Desai, learned counsel appearing

for the appellant does not press this appeal to avail

alternative remedy available.

C/LPA/809/2021 ORDER DATED: 27/09/2021

5. The appeal stands disposed of. However, it

is clarified that the observations made on merits in

the writ petition shall not come in the way of either

party before the Tribunal and if any proceedings are

filed by the appellant before the Tribunal, the

Tribunal shall decide the said proceedings strictly

in accordance with law without in any manner being

influenced by any observations made by the learned

Single Judge as well as any observations made in this

order.

6. As the appeal is disposed of, the Civil

Application also would not survive and the same

stands disposed of.

(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)

(BIREN VAISHNAV, J) GAURAV J THAKER