Gujarat High Court
Legal Heir And Reps Of Decd. Ishwarbhai ... vs Paresh Kantilal Patel on 18 December, 2023
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/968/2023 ORDER DATED: 18/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 968 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 14072 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 968 of 2023
With
R/LETTERS PATENT APPEAL NO. 969 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 10454 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 969 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 10454 of 2020
With
R/LETTERS PATENT APPEAL NO. 970 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 12971 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 970 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 12971 of 2020
With
R/LETTERS PATENT APPEAL NO. 971 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 9588 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 971 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 9588 of 2020
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2023
In R/LETTERS PATENT APPEAL NO. 971 of 2023
In
R/SPECIAL CIVIL APPLICATION NO. 9588 of 2020
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LEGAL HEIR AND REPS OF DECD. ISHWARBHAI AATMARAM
JASWANTBHAI ISHWARBHAI PATEL
Versus
PARESH KANTILAL PATEL
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NEUTRAL CITATION
C/LPA/968/2023 ORDER DATED: 18/12/2023
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Appearance:
MR. R.S. SANJANWALA, SENIOR ADVOCATE WITH MR SUNIL S
JOSHI(2925) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 18/12/2023
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
1. As all these appeals are arising out of the common
judgment and order dated 24.02.2023, they have been heard
together and are being decided by this common order.
2. Only point pressed to assail the order passed by the
learned Single Judge dated 24.02.2023 is about the opinion
drawn by the learned Single Judge that while dealing with the
application under Section 65 of the Gujarat Land Revenue Code,
the Collector was not required to take into consideration the
pendency of the proceeding under Section 32 of the Gujarat
Tenancy and Agricultural Land Act, 1948 (for short "the
Tenancy Act, 1948"). The contention is that the reliance placed
on the decision of another Single Bench in the case of
Tusharbhai Harjibhai Gelani versus State of Gujarat
reported in 2019 (4) GLR 2478, is misplaced, inasmuch as,
the said matter was pertaining to a civil dispute between two
NEUTRAL CITATION
C/LPA/968/2023 ORDER DATED: 18/12/2023
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brothers. The contention is that in the instant case, the right of
the landlord to retain possession of the land with respect to
which the proceeding under Section 32B of the Tenancy Act,
1948 were initiated, had to be looked into.
3. We may note that while dismissing the writ petition filed in
the year 2020 by the heirs of the tenant, the learned Single
Judge while noticing that the proceedings under Section 32P of
the Tenancy Act, 1948 are pending, has observed that the
judgment impugned is confined to the grant of NA permission
and shall have no bearing on the pending proceeding under
Section 32P of the Tenancy Act, 1948.
4. While noticing the same, we may record that the original
petitioners - appellants claim to be heirs and legal
representatives of the original tenant, who did not express his
willingness to purchase the land-in-question and the 'purchase
was declared ineffective' under Section 32G(4) of the Tenancy
Act, 1948 vide order dated 18.02.1978. The proceeding under
Section 32P of the Tenancy Act, had been initiated on
23.11.2006 for the first time after the NA permission for change
of user of the land in-question from agricultural to non-
agricultural purposes was granted on the application moved by
the successor of the original landlord on 30.09.2006. The
question, therefore, would be as to whether after declaration of
the purchase as ineffective vide order dated 18.02.1978, the
tenancy of the original tenant stood terminated, and further that
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C/LPA/968/2023 ORDER DATED: 18/12/2023
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when the tenant never came forward during his lifetime, what
would be the effect of the order dated 18.02.1978 declaring the
purchase ineffective.
5. As all these questions are to be answered in an
appropriate proceeding and liberty has been reserved with the
original petitioners / appellants to raise their contentions before
the appropriate authority, we do not find any good ground to
interfere in the order of the learned Single Judge on the
submissions made by the learned Senior Counsel appearing for
the appellants.
6. All the Letters Patent Appeals are dismissed being devoid
of merits. Pending Civil Application/s shall also stand disposed
of.
(SUNITA AGARWAL, CJ )
(ANIRUDDHA P. MAYEE, J.)
AMAR SINGH
