Gujarat High Court
Shshikantbhai Maganbhai Maliwad vs State Of Gujarat on 12 January, 2022
Bench: Ashutosh J. Shastri
C/SCA/404/2022 ORDER DATED: 12/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 404 of 2022
==================================================================
SHSHIKANTBHAI MAGANBHAI MALIWAD
Versus
STATE OF GUJARAT
==================================================================
Appearance:
MR VIJAY N RAVAL(2025) for the Petitioner(s) No. 1
MR K.M. ANTANI, ASSISTANT GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1, 2, 3
==================================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 12/01/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. Mr. K.M. Antani, learned Assistant Government Pleader accepts
notice for respondent Nos.1 to 3 and waives service of notice.
2. Heard Mr. Vijay N. Raval, learned counsel appearing for the
petitioner and Mr. K.M. Antani, learned Assistant Government Pleader
for respondent Nos.1 to 3.
3. The only prayer sought for in the present petition is that the
respondents be directed by issuance of writ of mandamus to dispose of
the petitioner's application filed under Section 28A of the Land
Acquisition Act, 1894 dated 16.6.2017 (Annexure-B) within a time
frame. Petitioner who claims to be the owner of the land bearing 239
C/SCA/404/2022 ORDER DATED: 12/01/2022
paiki, admeasuring 0-40-59, situated in Village: Bamroda, Taluka:
Kadana, District: Mahisagar, is said to have lost the said land in the
acquisition proceeding which was initiated by the State for the purpose of
constructing Sujalam Sufalam Spreading Canal and undisputedly, the
petitioner did not seek for reference on award being passed on 27.6.2005.
However, similarly placed person is said to have filed application under
Section 28A seeking reference which was decided by the jurisdictional
court by judgment and award dated 29.2.2016. Thereafter the petitioner
submitted an application under Section 28A on 16.6.2017 (Annexure-B)
seeking for determination of payment of compensation as awarded on
29.2.2016 in Land Reference Case No.173 of 2006 and allied matters.
On account of said application having not been disposed of, the petitioner
is seeking for a writ of mandamus.
4. Having regard to the aforesaid facts, we are of the considered view
that this petition can be disposed of by directing respondent No.2 to
dispose of the said application within a time frame, if not already
disposed of. Hence, we proceed to pass following
ORDER
(i) Special Civil Application is allowed;
(ii) Respondent No.2 is directed to dispose of the
C/SCA/404/2022 ORDER DATED: 12/01/2022
application filed under Section 28A of the Land Acquisition
Act, 1894 on 16.6.2017 (Annexure-B) expeditiously at any
rate within an outer limit of three months from the date of
receipt of the order, if not already disposed of.
5. Mr. K.M. Antani, learned Assistant Government Pleader is
permitted to file memo of appearance within an outer limit of four weeks
from today.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
Bharat
