Gujarat High Court
Bhupatbhai Nathubhai vs The Deputy Collector on 4 December, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/19189/2023 ORDER DATED: 04/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19189 of 2023
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BHUPATBHAI NATHUBHAI
Versus
THE DEPUTY COLLECTOR
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Appearance:
MR KUNAN B NAIK(3210) for the Petitioner(s) No.
1,2,2.1,2.2,2.3
for the Respondent(s) No. 1,3
MR JAY TRIVEDI ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 4
MS SANGNA KANSAGRA(9378) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 04/12/2023
ORAL ORDER
1. By way of this petition, the petitioner has
prayed for the following reliefs :-
"(A) YOUR LORDSHIPS may be pleased to
admit and allow the present petition;
(B) YOUR LORDSHIPS may be pleased to issue
writ of Mandamus or a writ in the nature
of Mandamus or any other appropriate writ
order or direction, directing, directing
the Ld. Reference Court to immediately
proceed with the execution of decree dated
10.1.2019; (Annexure"A");
NEUTRAL CITATION
C/SCA/19189/2023 ORDER DATED: 04/12/2023
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(C) YOUR LORDSHIPS may be pleased to issue
writ of Mandamus or any other appropriate
writ order or direction, directing the
respondent authorities to deposit decretal
amount forthwith the Ld. Reference Court.
(D) Pending hearing and final disposal of
present petition, YOUR LORDSHIPS may be
pleased to pass appropriate writ, order or
direction, as and by way of interim
relief, directing the Ld. Reference Court
to take necessary action for execution of
decree dated 10.1.2019; (Annexure"A")
(E) An ex-parte ad-interim relief in terms
of para 12(E) above may kindly be granted;
(F) YOUR LORDSHIPS may be pleased to grant
any other and further relief/s, as may be
deemed just and proper, may also be kindly
granted in the interest of justice and
fitness of things."
2. Heard learned advocate Ms. Isha Mendpara for
learned advocate Mr. Kunan B. Naik appearing for
the petitioners, learned advocate Ms. Sangna
Kansagra appearing for the respondent No.2 -
Railway and learned Assistant Government Pleader
NEUTRAL CITATION
C/SCA/19189/2023 ORDER DATED: 04/12/2023
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Mr. Jay Trivedi appearing for the respondent
No.4 - State.
3. Learned advocate Ms. Isha Mendpara for the
petitioners states that impugned judgment in
other matters, some amount is disbursed.
However, in the present case, no appeal is
preferred and therefore, the same also is
required to be disposed of in the same line as
has been done in other matters.
4. The aforesaid submission is opposed by learned
advocate Ms. Sangna Kansagra appearing for the
railway by stating that the railway has already
challenged the common judgment by preferring an
appeal and therefore, no such direction to hear
and decide the execution application be issued
by this Court.
5. Considering the fact that the ground on which
the expeditious execution of decree dated
10.9.2019 is controverted by learned advocate
Ms. Sangna Kansagra for railway by stating that
the appeal against the common judgment is
NEUTRAL CITATION
C/SCA/19189/2023 ORDER DATED: 04/12/2023
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already filed by the railways. At this juncture,
without issuing any direction, the executing
Court is directed to take into consideration the
request of the petitioners for expeditious
hearing of the execution application in
accordance with law.
6. With the aforesaid direction, without entering
into merits of the matter, the present petition
stands dispose of.
(NIRZAR S. DESAI,J)
Pallavi
