Lh Of Decd Shah Jayantilal ... vs State Of Gujarat
2022 Latest Caselaw 9331 Guj

     C/FA/3585/2022                                ORDER DATED: 20/10/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 3585 of 2022
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              LH OF DECD SHAH JAYANTILAL LAHERCHAND
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR ANAND R PATEL(2424) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5
MR VIJAY N RAVAL(2025) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5
for the Defendant(s) No. 2
MR BHARGAV PANDYA, AGP for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                  Date : 20/10/2022
                   ORAL ORDER

1. Admit. Learned AGP, waives service of notice of admission on behalf of the respondent No.1.

2. At the outset, learned advocate Mr.Raval, has submitted that the issue is squarely covered by the order dated 06.09.2022 passed in First Appeal No.2920 of 2022 and allied matters.

3. The present first appeal emanates from judgment and order dated 30.07.2021 passed in Land Reference Case No.01 of 2007 by the Additional Senior Civil Judge, Deesa.

4. Learned advocate Mr.Raval appearing for the appellants- original claimants, while placing reliance on the judgment and order dated 28.08.2018 passed in First Appeal Nos.2499 of 2018 and allied matters has submitted that the impugned orders are required to be quashed and set aside since the reference cases are rejected only on the ground that the appellants-original claimants have not appeared before the

C/FA/3585/2022 ORDER DATED: 20/10/2022

Court and they have also not filed any written statement. The reliance is also placed by him on the order dated 15.07.2019 passed in First Appeal No.2991 of 2019 and allied matters. He has submitted that in the catena of decisions of this Court, the Court has set aside the order and has remanded the matter to the concerned Courts.

5. Per contra, learned AGP has submitted that the appellants-original claimants did not appear before the Court below and hence, there was no option left with the concerned Court but to dismiss the said land reference cases. He has submitted that the appellants-original claimants would not be entitled for any interest for the intervening period in case the matter is remanded to the reference Court, after so many years.

6. Heard the learned advocates for the respective parties and also perused the documents as pointed out by them.

7. The reference Court has rejected the land reference case only on the ground that the appellants-original claimants neither appeared before the Court below nor have filed any written statement.

8. It is noticed by this reference Court in the order that the notice was issued and duly served and since the claimants have not adduced any evidence in support of their case, the land reference cases were dismissed.

9. It is the case of the appellants that despite there was evidence on recorded produced by the claimants claiming the

C/FA/3585/2022 ORDER DATED: 20/10/2022

amount of compensation of Rs.100 per sq.mtr. and the evidence produced in this regard, which is not controverted, the reference cases have been rejected.

10. It is also noticed that the claimants are dispossessed way back before 2005. Under these circumstances, the impugned judgment and order is required to be quashed and set aside in the interest of justice and in the interest of the claimants i.e. appellants since they have lost their lands. The matter is remanded to the Court below for fresh consideration on merits. The land reference case is ordered to be restored to its original filed. It would be open for the both the respective parties to lead the oral as well as documentary evidence. It is also directed that the appellants as well as the respondent authorities shall fully cooperate in expeditious disposal of the land reference cases.

11. It is noticed that the land reference case is of 2002 and the appellants have not remained present hence, the appellants shall deposit the cost of Rs.2,000/- before the reference Court within a period of three weeks after receipt of writ of the order of this Court. After the said amount is deposited by the appellants, the reference Court shall list the reference case for hearing.

12. With these directions, the present appeal is accordingly disposed of.

(A. S. SUPEHIA, J) MB/97