Hirabhai Ukabhai Bharwad vs State Of Gujarat
2022 Latest Caselaw 7985 Guj

     C/SCA/21709/2019                                 ORDER DATED: 15/09/2022




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/SPECIAL CIVIL APPLICATION NO. 21709 of 2019
                              With
 CIVIL APPLICATION (FOR VACATING INTERIM RELIEF) NO. 1 of 2022
                                In
          R/SPECIAL CIVIL APPLICATION NO. 21709 of 2019
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                               HIRABHAI UKABHAI BHARWAD
                                             Versus
                                      STATE OF GUJARAT
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Appearance:
ADITYA A CHOKSI(7835) for the Petitioner(s) No. 1
MR AJAYKUMAR CHOKSI(1853) for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the Respondent(s) No. 1
MR HRIDAY BUCH(2372) for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
                   Date : 15/09/2022
                    ORAL ORDER

1. The present Special Civil Application is filed for the following relief:

"21(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions quashing and setting aside impugned notice dated 29.11.2019 issued by the respondent No.2(at ANNEXURE-A hereto) and further be pleased to direct the respondent authority to appoint District Inspector of Land Record to make assessment of the land in question as well as adjoining land and prepare the assessment report;

(B) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to stay further operation, implementation and execution of the impugned notice dated 29.11.2019 issued by the respondent no.2 (at ANNEXURE-A hereto) and further be pleased to direct the respondent authorities to maintain status-quo with respect to the land in question of the petitioner;

C/SCA/21709/2019 ORDER DATED: 15/09/2022

(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case."

2. Heard Mr. Aditya A. Choksi, learned advocate for the petitioner, Mr. Hriday Buch, learned advocate for respondent No.2 and Mr. Meet Thakkar, learned AGP for respondent No.1.

3. It is pointed out that in pursuance to order passed by this Court dated 01.02.2021, the respondent-Corporation has heard the petitioner and has given detailed findings about the contention raised by the present petitioner, in the order passed on 23.11.2021.

4. This Court has protected the petitioner vide order dated 06.12.2019 which reads as under:-

"Learned advocate appearing for the petitioner has placed reliance upon a decision rendered by the Honourable Supreme Court in the case of Babubhai and Co. v. State of Gujarat reported in 1985 (2) SCC 732 and more particularly, paragraph-8 thereof.

It is submitted that no personal hearing is given to the petitioner before issuing the impugned communication and no reasons are assigned by the respondent authorities why the explanation/reply given by the petitioner pursuant to the show-cause Notice is not acceptable.

C/SCA/21709/2019 ORDER DATED: 15/09/2022

In view of the aforesaid submission, Notice returnable on 25.02.2020.

The parties are directed to maintain status-quo, as on today, till the next date of hearing.

Direct service is permitted."

5. The present respondent-Corporation has filed Civil Application No.1 of 2022 to vacate the interim relief in pursuance to the subsequent development, more particularly, order passed by the respondent-Corporation on 23.11.2021. Mr. Buch, learned advocate for respondent No.2 submitted that direction issued by this Court vide order dated 01.02.2021 is complied with and also necessary requirement in view of judgment of Babulal and Co. v. State of Gujarat is also complied. Therefore, nothing survives in the present petition and petition is required to be dismissed.

6. At this stage, Mr. Aditya A. Choksi, learned advocate for the petitioner has submitted that the petitioner will not press this petition further with a view to make representation, to the limited extent for considering his case sympathetically for alternative accommodation or compensation, if permissible, in law, to the Corporation.

C/SCA/21709/2019 ORDER DATED: 15/09/2022

7. In view of the above, it is appropriate to direct that the petitioner shall make representation within 3 weeks from today before the respondent-Corporation and respondent-Corporation will decide the same as expeditiously as possible preferably within a period of 3 weeks thereafter and communicate such decision to the petitioner.

8. With the above direction, Special Civil Application stands disposed of. Notice is discharged. Interim relief is vacated. Civil Application does not survive and is disposed of accordingly.

9. Though the interim relief is vacated in the present petition, however, it is expected that Corporation will not take coercive steps against the present petitioner till the decision is taken on the said representation and communicate to the present petitioner.

10. It is clarified that this direction is given in view of the request made by the petitioner for sympathetic consideration, therefore, it will not create any equity further.

(SANDEEP N. BHATT,J) Manoj