Chauhan Jayjeetbhai Prafullbhai vs State Of Gujarat
2022 Latest Caselaw 8018 Guj

     C/SCA/12482/2019                                 ORDER DATED: 15/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 12482 of 2019
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                         CHAUHAN JAYJEETBHAI PRAFULLBHAI
                                             Versus
                                     STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Petitioner(s) No. 1
MR VIJAY H NANGESH(3981) for the Respondent(s) No. 2,3,4
NOTICE SERVED BY DS for the Respondent(s) No. 1
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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:

"(a) To allow this petition;

(b) To issue a writ of mandamus and/or any other appropriate writ, order or direction quashing and setting aside the impugned communication dated 20.06.2019 as well as 15.07.2019 issued by the respondent No.3 and further be pleased to pass all consequential orders in that regard.

(c) Pending admission, hearing and final disposal of the present petition, to stay execution, implementation and operation of the communications dated 20.06.2019 as well as 15.07.2019 issued by the respondent No.3 issued by the respondent No.3;

(d) Pending admission, hearing and final disposal of the present petition, to direct the concerned respondents to maintain status quo with respect to the Plot No.126 AT Revenue Survey No.33 of Village Vadiya, Taluka Nandod, District Narmada;

(e) To pass any other and further orders as may be deemed fit and proper to this Hon'ble Court."

2. Heard Mr. Virat G. Popat, learned advocate for the petitioner, Mr. Vijay H. Nangesh, learned advocate for the

C/SCA/12482/2019 ORDER DATED: 15/09/2022

respondent Nos.2, 3 and 4 and Ms. Jyoti Bhatt, learned AGP for respondent No.1.

3. Mr. Popat, learned advocate for the petitioner has submitted that the petitioner was not heard before issuance of impugned order. He placed reliance on judgment of this Court passed in Special Civil Application No.9026 of 2014, Special Civil Application No.10263 of 2013 and Special Civil Application No.8662 of 2015 with the present vide order dated 15.07.2019 can be read as show cause notice and respondent No.3 can hear the present petitioner and petitioner can make his submissions by pointing out the actual position.

4. Per contra, Mr. Nangesh, learned advocate for respondent Nos.2, 3 and 4 who has filed the affidavit-in- reply dated 18.02.2022 has pointed out from the communication dated 15.07.2021 that it can be treated as show cause notice, and therefore, no further notice is required to be given. Ms. Bhatt, learned AGP appearing for the State Government has supported the submissions made by Mr. Nangesh, learned advocate for respondent Nos.2, 3 and 4. She further submitted that there is exercise of power under Sections-104 and 105 of the

C/SCA/12482/2019 ORDER DATED: 15/09/2022

Panchayat Acts as permission granted to the construction is pursuant to the residential purpose and existing commercial complex, and therefore, other encroachment is also found.

5. Considering the submissions, more particularly, considering the judgment of this this Court and Sections 104, 105 of the Gujarat Panchayat Act deal with Rule 55, appropriate opportunity of hearing is given to the present petitioner pursuant to communication dated 15.07.2019 issued by Taluka Development Officer, Nandod. The present petitioner will be heard by respondent No.3- authority.

6. The petitioner shall treat the impugned communication dated 15.07.2019 as show cause notice and pursuant to that respondent No.3-authority will hear the petitioner on 20.09.2022. Petitioner shall make necessary submissions with supporting document before the respondent No.3-authority. After considering the submissions of the petitioner, respondent No.3-authority shall take decision on or before 27.09.2022 in accordance with law and communicate to the present petitioner.

C/SCA/12482/2019 ORDER DATED: 15/09/2022

7. It is expected by respondent Nos.2 and 3 that they will consider the material of the disputed premises that may be put up by the petitioner and after hearing the petitioner on 20.09.2022 appropriate decision shall be taken on or before 27.09.2022. It is open for the respondent authority to take appropriate action after the decision is taken.

8. Petition stands disposed of in view of the abovementioned direction as no further prayer can be granted. Notice is discharged. Interim relief stands vacated. Direct service is permitted.

(SANDEEP N. BHATT,J)

Manoj