Gujarat High Court
Sabbir Musa Patel vs State Of Gujarat on 7 December, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/4499/2023 ORDER DATED: 07/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.4499 of 2023
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SABBIR MUSA PATEL
Versus
STATE OF GUJARAT
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Appearance :
MR HET N SHAH WITH MR SP MAJMUDAR for the Petitioner.
for the Respondent No.2.
MR ADITYASINH JADEJA, AGP for the Respondents.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 07/12/2023
ORAL ORDER
1. By way of this petition, the petitioner has prayed to
direct the Collector, Vadodara to decide / determine the amount of
premium for the land in question, after giving an opportunity of
hearing pursuant to the order passed by Division Bench of this
Court in Letters Patent Appeal No.784 of 2017 (at ANNEXURE-B
hereto) and further be pleased to direct the Respondent - Collector
to decide the price of premium before 15.04.2023 as the prices of
Jantri are increasing to 100% (double) pursuant to the Notification
of State Government dated 11.02.2023.
2. At the outset, learned advocate Mr. S. P. Majmudar
appearing for the petitioner, upon instructions, states that at the
time when the petition was preferred, as the new Jantri rates were
expected any time soon, the prayer was made to direct the
Collector, Vadodara to decide the representation before 15.4.2023.
However, now since new Jantri rates are applicable, the Collector,
Vadodara may be directed to decide the representation of the
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C/SCA/4499/2023 ORDER DATED: 07/12/2023
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petitioner that the petitioner would make in case if the Court
directs the Collector to decide the same within some reasonable
time considering direction issued in respect of the very land by the
Division Bench of this Court vide order dated 16.2.2021 in Letters
Patent Appeal No.784 of 2017.
3. Learned advocate Mr. Majmudar draws attention of this
Court to the observations made by the Division Bench in
paragraphs 7 to 9 of the aforesaid judgment dated 16.2.2021 which
are as under :-
"7. We have heard learned Counsel Mr. Sharvil
Majmudar for the Appellant, learned Government
Counsel Mr. Utkarsh Sharma for Respondent nos.1
and 4 and learned Counsel Ms. Mini Nair for the
Respondent no.5. We are of the opinion that the
issue with regard to Premium to be decided under
Section 43 of the Tenancy Law while was being
remanded to the Competent Authority, any findings
on the merits of the contentions, which could be
possibly raised before the Competent Authority,
were not required to be decided by the learned
Single Judge and the Competent Authority should
have been left free to decide the case on
determining the Amount of Premium in accordance
with law. The rates, as on which date or year, will be
applicable to decide the said Amount of Premium,
should have been left free to be decided by the said
Competent Authority himself, whether for the years
2007, 2013 or 2017, or rates prevailing now when
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the Competent Authority decides the said Amount of
Premium.
8. Therefore, we are of the opinion that the
Order of the learned Single Judge deserves to be
modified to the extent that upon remand to the
Competent Authority, he will be free to decide the
Amount of Premium in accordance with law in his
own discretion uninfluenced by the observations
made by the learned Single Judge. The concerned
parties as well as the proper Legal Representatives
to be brought on record, may have the right of say
before the said Competent Authority and the
Competent Authority is expected to decide the
proceedings afresh, in accordance with law, as
expeditiously as possible, preferably within a period
of Six Months from today. The concerned parties,
without any further notice, may appear before the
said Competent Authority i.e. District Collector at
the first instance on 15.03.2021.
9. With these Observations and Directions and
slight Modification of the order of the learned Single
Judge, the present Letters Patent Appeal is disposed
of. No order as to cost. Consequently, connected
Civil Application also stands disposed of."
4. Mr. Majmudar further states that the petitioner is
having a valid decree in his favour along with a Will executed by
Labhuben - original owner of the land and now the dispute in
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C/SCA/4499/2023 ORDER DATED: 07/12/2023
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respect of land and entitled to pay premium is between the present
petitioner and the second line legal heirs of deceased Labhuben.
He further states that the Collector, Vadodara may decide the
representation that the petitioner may make after hearing all the
parties within some reasonable time.
5. As the prayer made by the petitioner is innocuous one
and the same is in line with the direction issued by the Division
Bench of this Court by judgment dated 16.2.2021 in Letters Patent
Appeal No.784 of 2017, the petitioner is directed to make a
representation to the Collector, Vadodara within a period of one
month from today. Once such representation is made, the
Collector, Vadodara may after issuing notice to all the concerned
interested parties may hear and decide the issue in line with the
directions issued by the Division Bench by judgment dated
16.2.2021 in Letters Patent Appeal No.784 of 2017, as early as
possible preferably before 31.7.2024.
6. With the aforesaid direction and observation, the
present petition stands disposed of. Direct service is permitted.
(NIRZAR S. DESAI,J)
SAVARIYA
