Vinodkumar Parsotam Rabara vs State Of Gujarat
2022 Latest Caselaw 916 Guj

     C/SCA/1043/2022                             ORDER DATED: 28/01/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1043 of 2022

==========================================================
                       VINODKUMAR PARSOTAM RABARA
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR SHALIN MEHTA, SR ADVOCATE with
MR HEMANG M SHAH(5399) for the Petitioner(s) No. 1,2,3,4
MR KRUTIK PARIKH, AGP for the Respondent State Authorities 1, 2 & 3
for the Respondent (s) No. 5
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 28/01/2022

                              ORAL ORDER

1. By way of this petition, the petitioner has prayed for following reliefs:

"A. Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction declaring the impugned Ceiling Revision Case No.47/2021 suo motu initiated by the Deputy Collector against the order dated 18.02.2020 passed by the Mamlatdar & ALT as outside the jurisdiction of the Deputy Collector under section 37 of the Ceiling Act and quashing and setting aside the same;

B. Your Lordships may be pleased to issue a writ of Certiorari or any other appropriate writ, order or direction vacating the stay against the implementation of the order dated 18.02.2020 passed by the Mamlatdar & ALT;

C. Pending admission and final hearing of the present petition, Your Lordships may be pleased to stay the proceedings in Ceiling Revision Case No.47/ 2021 suo motu initiated by the Deputy Collector against the order dated 18.02.2020 passed by the Mamlatdar and ALT;

C/SCA/1043/2022 ORDER DATED: 28/01/2022

D. Pending admission and final hearing of the present petition, Your Lordships may be pleased to stay / suspend the operation of the stay granted by the Deputy Collector, vide his order dated 04.10.2021, against the order dated 18.02.2020 passed by the Mamlatdar and ALT in Ceiling Case No.1-2011/2020; and

E. Your Lordships be pleased to pass any other appropriate order, as deemed fit, in the interest of justice."

2. Heard learned senior advocate Mr.Shalin Mehta with learned advocate Mr.Hemang Shah for the petitioner and learned Assistant Government Pleader Mr.Krutik Parikh for Respondent Nos.1, 2 and 3 - State Authorities.

3.1 Learned senior advocate Mr.Shalin Mehta states that agricultural land (old tenure) bearing Kata No.1493 survey / block no.326 / 1 admeasuring Hec.Are.Sq mtr 18- 76-00 situated at Village Goraj, Tal.Sanand, Dist.Ahmedabad was sold by Respondent Nos.4 to Respondent Nos.5 and 6 and the petitioner purchased the said land from Respondent Nos.5 and 6 on 05.08.2021 after payment of Rs.08,48,00,000/-. Copy of the sale-deed is at Annexure-H of the petition compilation.

3.2 By stating aforesaid facts, learned senior advocate Mr.Mehta states that though the petitioner has become owner of the land by virtue of the aforesaid registered sale-deed, in the ongoing proceedings under the under the Gujarat Agricultural Lands Ceiling Act, 1960 ('the Ceiling Act', for short) in Ceiling Revision Case No.47 of 2021, the petitioner is not made a party and those

C/SCA/1043/2022 ORDER DATED: 28/01/2022

proceedings are going only against the Respondent No.4. He submits that any order that may be passed in those proceedings will affect the present petitioner.

3.3 When it was put to learned senior advocate Mr.Mehta that instead of preferring present petition, the petitioner can prefer an application for being impleaded as party in those proceedings being Ceiling Revision Case No.47 of 2021 pending before the Deputy Collector (Land Reforms and Appeals) Ahmedabad, learned senior advocate Mr.Mehta submits that petitioner is ready and willing to approach the Deputy Collector (Land Reforms and Appeals) Ahmedabad by way of preferring an application for being impleaded as party respondent and he may permitted to withdraw this petition, if this Court may make suitable observations and direct the Deputy Collector (Land Reforms and Appeals) Ahmedabad to consider the application that may be preferred by the petitioner for being joined as party respondent in aforesaid proceedings.

3.4 Learned senior advocate Mr.Mehta draws attention of this Court to the fact that despite the order dated 29.11.2021 passed by this Court in writ petition being Special Civil Application No.17331 of 2021, the Deputy Collector (Land Reforms and Appeals) had rejected the application of the petitioner of Special Civil Application No.17331 of 2021 for being impleaded as party on the

C/SCA/1043/2022 ORDER DATED: 28/01/2022

ground that there was order of this Court dated 14.11.2019 passed in First Appeal No.1996 of 2008 whereby the impugned judgment and decree dated 19.07.2007 passed by the learned 5th Additional Senior Civil Judge, Ahmedabad (Rural) in Special Civil Suit No.151 of 2007 was quashed and set aside and at that time it was not brought to the notice of this Court that proceedings under Section 26 of 'the Ceiling Act' are already pending.

3.5 Learned senior advocate Mr.Mehta apprehends that similarly if an application for being impleaded as party respondent is preferred by the present petitioner, in that case, there is likelihood that the Deputy Collector (Land Reforms and Appeals) Ahmedabad may reject such application on the same ground and, therefore, he requests that the Deputy Collector (Land Reforms and Appeals) Ahmedabad may be directed by making suitable observations and directions to consider the application that may be preferred by the present petitioner for being impleaded as party respondent in the pending proceedings i.e. in Ceiling Revision Case No.47 of 2021.

4. In view of the aforesaid submissions, permission as prayed for by learned senior advocate Mr.Mehta to withdraw the present petition, is granted with following directions.

C/SCA/1043/2022 ORDER DATED: 28/01/2022

4.1 The petitioner shall make an application for being impleaded as party respondent in the proceedings being Ceiling Revision Case No.47 of 2021, pending before the Deputy Collector (Land Reforms and Appeals) Ahmedabad and as and when such application is preferred by the present petitioner, the Deputy Collector (Land Reforms and Appeals) Ahmedabad is directed to hear the petitioner and decide the application preferred by the petitioner for being impleaded as party respondent in Ceiling Revision Case No.47 of 2021 within a period of one month from the date on which the present petitioner prefers an application for being impleaded as party respondent by passing reasoned order and recording submissions of the present petitioner;

4.2 The petitioner shall file an application for being impleaded as party respondent in the proceedings being Ceiling Revision Case No.47 of 2021, pending before the Deputy Collector (Land Reforms and Appeals) Ahmedabad within a period of ten days from today;

4.3 While deciding the present application that the petitioner may prefer for being impleaded as party respondent in the aforesaid proceedings being Ceiling Revision Case No.47 of 2021, the Deputy Collector (Land Reforms and Appeals) Ahmedabad shall take into consideration the order passed by this Court today i.e. 28.01.2022 in writ petition being Special Civil Application

C/SCA/1043/2022 ORDER DATED: 28/01/2022

No.1702 of 2022 and since the order passed in Special Civil Application No.1702 of 2022 which is also in respect of Ceiling Revision Case No.47 of 2021, rest of the directions issued today vide order dated 28.01.2022 passed in in Special Civil Application No.1702 of 2022 shall be binding to the the Deputy Collector (Land Reforms and Appeals) Ahmedabad in the case of the present petitioner also.

5. With the aforesaid observations and directions, present petition is disposed of as withdrawn.

Direct service today is permitted.

(NIRZAR S. DESAI,J) MISHRA AMIT V.