Rajen Divyakant Shah vs The Collector
2023 Latest Caselaw 1598 Guj

     C/SCA/11991/2021                               ORDER DATED: 15/02/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 11991 of 2021
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                           RAJEN DIVYAKANT SHAH
                                   Versus
                              THE COLLECTOR
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Appearance:
MR KUNAL VAYS FOR GANDHI LAW ASSOCIATES(12275) for the
Petitioner(s) No. 1
KAMAL J UPADHYAYA(7469) for the Respondent(s) No. 2
MR.ADITYA J PANDYA(6991) for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                   Date : 15/02/2023
                    ORAL ORDER

At the outset, learned advocate Mr.Kunal Vyas has submitted that in fact the impugned order dated 16.06.2021 passed by the Resident Additional Collector, Banaskantha at Palanpur will not survive in view of the suit being Special Civil Suit No.04 of 2020 having been decided by the judgment and order dated 31.12.2022 in favour of the petitioner. Thus, it is submitted that the judgment has become final.

Though the writ petitioner has remedy to approach the special court under the provisions of Section 9 of the Gujarat Land Grabbing (Prohibition) Act, 2020, the impugned order dated 16.06.2021 is premised only on the basis of the pendency of Special Civil Suit No.04 of 2020, the same is hereby quashed and set aside. If any further grievance survives, the petitioner can approach the special court by filing appropriate application.

With this observation, the present petition stands disposed of.

(A. S. SUPEHIA, J) ABHISHEK/96