Gujarat High Court
Lhs Of Decd. Rahim Ibrahim Chavda vs Lh Of Raheman Rahimbhai Chauhan @ ... on 20 December, 2022
Bench: A.Y. Kogje
C/SCA/17931/2022 ORDER DATED: 20/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17931 of 2022
==========================================================
LHS OF DECD. RAHIM IBRAHIM CHAVDA
Versus
LH OF RAHEMAN RAHIMBHAI CHAUHAN @ BABUBHAI CHHEL
==========================================================
Appearance:
MR ASIT B JOSHI(2567) for the Petitioner(s) No.
1,1.1,1.1.1,1.1.2,1.1.3,1.1.4,1.1.5,1.1.6,1.1.7
for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
SAQUIB S ANSARI(7152) for the Respondent(s) No.
1.1,1.10,1.2,1.3,1.4,1.5,1.6,1.7,1.8,1.9
==========================================================
CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 20/12/2022
ORAL ORDER
1. This petition under Article 226 of the Constitution of India
is filed with following prayer(s):-
"14(A) Your Lordships be pleased to issue writ of mandamus or
any other appropriate writ, order or direction for quashing
and setting aside the impugned order dated 15.02.2022
passed by respondent no.4 in Case No.MS/Vashi/2/2022
(Annexure 'A') as being arbitrary, unjust, unreasonable,
discriminatory and behors the records, contrary to the order
dated 30.11.2021 passed by this Court in Special Civil
Application No.4164 of 2012 as also in gross violation of
principles of natural justice and violative of Article 14 of the
Constitution of India, in the interest of justice and equity.
(B) YOUR LORDSHIPS be pleased to stay the implementation,
execution of the impugned order dated 15.02.2022 passed by
the respondent no.4 in Case No.MS/Vashi/2/2022 (Annexure
'A') , pending, admission, hearing of the present petition.
(C) YOUR LORDSHIPS be pleased to quash and set aside the
impugned order at Annexure 'A' and further be pleased to
C/SCA/17931/2022 ORDER DATED: 20/12/2022
direct the respondent no.4 authority to reconsider / re-decide
the case after affording a reasonable opportunity of hearing to
the petitioners in compliance of the order dated 30.11.2021
passed by this Court in Special Civil Application No.4164 of
2012 and then pass a reasoned order within such stipulated
time, as may be deemed fit by this Court in the interest of
justice.
(D) "
2. Pursuant to the notice issued by this Court, learned
advocate Mr.Ansari has appeared for the private respondents
and has immediately submitted that against the impugned order
at Annexure-A, the petitioner has filed R.R.T Appeal Case No.34
of 2020 before the Deputy Collector, Veraval, which is pending.
3. Learned advocate for the petitioner has submitted that the
present petition is filed on the ground that despite the categoric
directions issued by this Court in Special Civil Application
No.4164 of 2012, the City Survey Superintendent has not acted
in accordance with the directions of this Court, and therefore,
the present petition is filed. At the same time, learned advocate
also submits that, if the necessary directions are issued to the
Deputy Collector, who is now to hear the appeal to act in-
consonance with the directions of this Court, then the interest of
the petitioner will be protected.
4. In view of aforesaid submissions, it would be appropriate to
to observe that in Special Civil Application No.4164 of 2012 vide
oral judgment dated 30.11.2021 between the same party, this
Court has issued directions as under:-
"10. In view of the aforesaid observations, it clearly
transpires that all the authorities concerned have erred in
passing the impugned orders. Therefore, the impugned
C/SCA/17931/2022 ORDER DATED: 20/12/2022
orders are required to be quashed and set-aside. However,
instead of granting any prayer in the shape of mutation entry
in the name of the petitioners, the matter needs to be sent
back to the concerned City Survey Officer for deciding afresh
in accordance with the law.
11. In view of the above, the order dated 21.2.2012 passed
by the respondent No.1 in Revision Application No.
MVV/JMN/ JND/6 of 2008, order dated 26.12.2007 passed
by respondent No.2 as well as order dated 18.3.2005 passed
by respondent No.3 are hereby quashed and set-aside. The
respondent No.4 is hereby directed to decide the application
of the petitioners afresh after providing opportunity of being
heard to all the concerned and keeping in mind the
observations made hereinabove, as early as possible, in
accordance with law. Such exercise to be completed within a
period of 4 months from the date of receipt of the copy of this
order."
5. Now, the petitioner has already preferred an appeal before
the Deputy Collector. The present petition stands disposed of
with a direction that the appeal be heard and disposed of in
accordance with law. While doing so, the Deputy Collector will
take into consideration the observations of this Court, as
reproduced herein above.
With aforesaid, the present petition stands disposed of.
Direct service is permitted.
(A.Y. KOGJE, J)
GIRISH
