Gujarat High Court
Damor Punjabhai Masurbhai vs Special Secretary Revenue ... on 7 August, 2023
Bench: Aniruddha P. Mayee
NEUTRAL CITATION
C/SCA/13091/2023 ORDER DATED: 07/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13091 of 2023
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DAMOR PUNJABHAI MASURBHAI
Versus
SPECIAL SECRETARY REVENUE DEPARTMENT (APPEALS)
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Appearance:
MR KARTIK V PANDYA(2435) with MR HB PARIKH, ADV for the
Petitioner(s) No. 1
for the Respondent(s) No. 1,2
MR ASHUTOSH DAVE, AGP for the Respondent(s) No.
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 07/08/2023
ORAL ORDER
1. Heard the learned counsel for the parties.
2. Rule. Rule returnable forthwith. By consent, the matter is
taken up for final disposal.
3. The learned counsel for the petitioner submits that this
Court by order dated 08.07.2021 had directed the Collector,
Mahisagar to decide the representation/Review Application filed
by the petitioner after affording an opportunity of hearing to
consider demarcating the land required by the State to the
extent of 10,000 square meters without overlapping the lands
in possession of the petitioner. The learned counsel for the
petitioner further submits that a perusal of the impugned order
shows that the said direction of the High Court had not been
taken into consideration while passing the impugned order. He,
therefore, submits that the impugned order of the Collector be
NEUTRAL CITATION
C/SCA/13091/2023 ORDER DATED: 07/08/2023
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set aside and the matter be remanded back for fresh
consideration after taking into consideration the directions
passed by this Court on 08.07.2021 in this in Special Civil
Application No.14185 of 2022.
4. Per contra, Mr. Ashutosh Dave, learned AGP submits that
the Collector has decided the representation of the petitioner
after giving due hearing. He submits that the Collector has
decided the issue on merits. He submits that though the
impugned order does refer to the order dated 08.07.2021
passed by the High Court in Special Civil Application No.14815
of 2020 and the same has been taken into consideration while
passing the impugned order. He submits that all the three
survey Nos.20, 21, and 22 belong to the State Government and
that the petitioner is in illegal occupation of the said lands.
5. In rejoinder, learned counsel Mr. Parikh submits that it is
the specific contention of the petitioner that the petitioners are
the owners of the survey No.21 and 22 and the Civil Suit
regarding title is pending in the Civil Court and the said
contention has also been raised before the authorities.
6. Heard, the learned counsel for the parties and perused
the documents on record.
NEUTRAL CITATION
C/SCA/13091/2023 ORDER DATED: 07/08/2023
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7. This Court on 08.07.2021 in Special Civil Application
No.14815 of 2020 has passed the following order:-
"6. In that view of the matter as the rights agitated by
the petitioners are still under consideration before the Civil
Court as well as the Revenue Authorities, the Court deems
it fit to direct the respondent-Collector to consider the
Representation/Review Application filed by the petitioners
and have offered an opportunity of hearing. It is also
observed that the requirement of the Collector for setting
up CHC is of 10,000 square meters and three Survey Nos.
are totaling ad-measuring 30,756 square meters, the
Collector may consider to demarket 10,000 square meters
of land out of the aforesaid three Survey Nos., which may
not overlapped on the lands which are in possession of the
petitioners especially of their residential areas.
7. The aforesaid exercise to be conducted by the
Collector expeditiously. Till the decision is arrived at by
the Collector, the petitioners may not be dispossessed of
their lands. The aforesaid order is passed considering the
situation faced by the petitioners. However, this order
would not decide upon the right, title and interest of the
petitioners on the said land as the petitioners have already
filed Civil Suit in that regard. The order may not have any
bearing on such proceedings pending."
8. Though, the impugned order dated 23.05.2023 passed by
the Collector, Mahisagar does refer to the above-mentioned
order of the Hon'ble High Court, however, while adjudicating
and deciding the same, nowhere, it appears that the learned
Collector has implemented the direction given by this Court in
the order dated 08.07.2021. There is no discussion whatsoever
in the impugned order with respect to the consideration to
demarcate the 10,000 square meters of land required for CHC
out of 3 survey Nos.20, 21 & 22 which may not overlap on
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C/SCA/13091/2023 ORDER DATED: 07/08/2023
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the lands which are in possession of the petitioner specially
their residential areas. The Collector was duty bound to
undertake the said exercise as per the directions passed by this
Court while passing the impugned order.
9. In view of the aforesaid observations, the impugned
judgment and order dated 23.05.2023 is quashed and set aside.
The respondent No.2 Collector and District Magistrate is
directed to undertake the exercise as mentioned in para-6 and
7 of the order dated 08.07.2021 in Special Civil Application
No.14815 of 2020 and after hearing the petitioner thereafter
decide the matter afresh within a period of six weeks from the
date of receipt of this order.
10. It is made clear that this Court has not gone into the
merits of the case and no observation is made thereon. The
learned counsel for the petitioner undertakes to withdraw the
Revision Application No.JMN/MAH/1/23 filed before the SSRD
within three days from today as the matter has become
infructuous in view of the present order.
11. With the aforesaid observations, the present Special Civil
Application stands disposed of. Rule is made absolute. No
order as to costs.
(ANIRUDDHA P. MAYEE, J.)
Manoj Kumar Rai
