Gujarat High Court
Meenaben Omprakash Agarwal vs State Of Gujarat on 6 October, 2022
Bench: Nirzar S. Desai
C/SCA/3072/2022 ORDER DATED: 06/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3072 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 3074 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 4597 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 13256 of 2022
With
R/SPECIAL CIVIL APPLICATION NO. 14171 of 2022
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MEENABEN OMPRAKASH AGARWAL & 3 other(s)
Versus
STATE OF GUJARAT
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Appearance:
SPECIAL CIVIL APPLICATION Nos. 3072 OF 2022, 3074 OF 2022 &
SPECIAL CIVIL APPLICATION No.14171 OF 2022
MR MTM HAKIM ADVOCATE with
MR MOHMEDSAIF HAKIM(5394) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 1
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1
SPECIAL CIVIL APPLICATION No. 4597 OF 2022 & SPECIAL CIVIL
APPLICATION No.13256 OF 2022
MR MTM HAKIM ADVOCATE with
MR MOHMEDSAIF HAKIM(5394) for the Petitioner(s) No. 1,2,3,4
for the Respondent(s) No. 1
MR HARDIK MEHTA, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 06/10/2022
ORAL ORDER
C/SCA/3072/2022 ORDER DATED: 06/10/2022
1. By way of this group of petitions, the petitioners
of respective petitions have challenged the orders of
various dates, passed by the Deputy Collectors of
Ahmedabad and Vadodara districts, on an application
under Sections 5(1) and 6 of the Gujarat Prohibition of
Transfer of Immovable Properties and provision for
Tenants from Eviction from Premises in the Disturbed
Areas Act, 1991 ['the Act', for short].
2.1 Considering the fact that as per the scheme of
'the Act', since an order passed by the Deputy
Collector, is an appealable order and an appeal would
lie before the Special Secretary (Appeals), Revenue
Department, all these petitions are not entertained and
the petitioners are relegated to avail the alternative
remedy of preferring an appeal before the Special
Secretary (Appeals), Revenue Department.
2.2 At this juncture, learned advocate Mr.Hakim,
upon instructions, states that petitioners are ready and
willing to approach the Special Secretary (Appeals),
Revenue Department by way of an appeal, which is
prescribed as per 'the Act'. However, he states that
C/SCA/3072/2022 ORDER DATED: 06/10/2022
there are catena of decisions on the point fetching the
merits of the matter and if some directions are issued
to the Special Secretary (Appeals), Revenue Department
to consider those decisions while considering the
appeals that the present petitioners may prefer and
Special Secretary (Appeals), Revenue Department may
be directed to pass a reasoned order pursuant to the
submissions that the learned advocate for the
petitioners may make.
3. In view of that, it is directed that in case if the
petitioners of respective petitions challenge each of the
impugned orders, in each of this petition, by way of
separate Appeal before the Special Secretary (Appeals),
Revenue Department, the Special Secretary (Appeals),
Revenue Department is directed to consider the
aforesaid Appeals in light of submissions and
judgments that may be cited before him during the
course of hearing and to pass the reasoned order.
4. The aforesaid exercise may be carried out as early
as possible. Further, the Special Secretary (Appeals),
Revenue Department may also bear in mind while
C/SCA/3072/2022 ORDER DATED: 06/10/2022
deciding the aspect of limitation that after the
impugned orders passed by the Deputy Collector in
each of the petition, the petitioners approached this
Court by way of writ petitions and now after the
aforesaid writ petitions remained pending for
considerable time before this Court, the petitioners are
relegated to avail alternative remedy.
5. With the aforesaid observations and directions,
each of the petition is disposed of. Notice is
discharged. No order as to costs.
(NIRZAR S. DESAI,J)
MISHRA AMIT V.
