Deputy Collector, Land ... vs Galalben Wd/O Manabhai Kankabhai
2023 Latest Caselaw 2870 Guj

      C/CA/3411/2019                                  ORDER DATED: 11/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 3411 of 2019
                        In F/FIRST APPEAL NO. 18077 of 2019
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     DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION
                           OFFICER
                            Versus
              GALALBEN WD/O MANABHAI KANKABHAI
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Appearance:
MR JAY MEHTA, AGP for the Applicant(s) No. 1,2,3
ARJUN R SHETH(7589) for the Respondent(s) No. 2
UNSERVED EXPIRED (R) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
        and
        HONOURABLE MR. JUSTICE D. A. JOSHI
                    Date : 11/04/2023
                     ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. On 03.04.2023, this Court had passed the following

order : -

"1. On 13.12.2021, this Court passed following order:-

"The office endorsement in the cause list indicates that some of the respondents are dead. The necessary steps shall be taken at the earliest to bring the heirs on record. Post the matter on 21st February 2022."

2. On 2.2.2023, this Court passed following order:- "Time is granted to learned Assistant Government Pleader appearing for the applicant to file an appropriate application to bring legal heirs of deceased respondent on the record. Stand over to 14.3.2023."

3. Thereafter, on 14.3.2023, this Court passed following order:-

"When the matter is taken up for hearing, Mr. Jaimil Doshi, learned advocate appearing for Mr. Arjun R. Sheth, learned advocate for the respondent No.2 has submitted that details with regard to legal heirs are already supplied to the learned Government Pleader Office. In view of

C/CA/3411/2019 ORDER DATED: 11/04/2023

this, with a view to take appropriate steps for filing application, Mr. Akash K. Chhay, learned AGP seeks time. Hence, by consent, re-list this matter on 03.04.2023"

4. Thus, time and again, this Court has recorded that necessary steps shall be taken by the applicant for bringing legal heirs of respondent no.2 on record. Today, when the matter is taken up, learned AGP has made the same request.

5. As a last chance, the matter is adjourned to 11 th April 2023. To be listed on the top of the Board. "

2. Today learned Assistant Government Pleader and learned

advocate Mr.Jamil Doshi, appearing for learned advocate

Mr.Arjun R. Sheth, for the respondent No.2 have submitted that

the respondent No.1 - claimant had already passed away

during the pendency of the Reference.

3. Learned Assistant Government Pleader has submitted

that appropriate application for bringing the legal heirs of the

deceased claimant will be filed before the Reference Court. He

has further submitted that liberty may be reserved to file First

Appeal, in case, the application for bringing the legal heirs of

the deceased claimant is allowed by the Reference Court.

4. Under the circumstances, the Civil Application stands

dismissed, reserving liberty in favour of the applicants to file

appropriate application for bringing the legal heirs of the

deceased claimant before the Reference Court and in case

C/CA/3411/2019 ORDER DATED: 11/04/2023

such an application is allowed by the Reference Court, it will be

open for the applicant - State authorities to file First Appeal

challenging the impugned judgment and award.

5. In view of the disposal of civil application for condonation

of delay in filing the First Appeal, the First Appeal along with

other application(s) filed therein also stands disposed of

accordingly.

(A. S. SUPEHIA, J)

(D. A. JOSHI,J) MB/01