Gujarat High Court
Jalaram Buildcon Through Partner ... vs State Of Gujarat on 3 February, 2023
Bench: Biren Vaishnav
C/SCA/19794/2022 ORDER DATED: 03/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19794 of 2022
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JALARAM BUILDCON THROUGH PARTNER KETANKUMAR JAYANTIBHAI
PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR MOHMEDSAIF HAKIM(5394) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 2
MR ROHAN SHAH, AGP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 03/02/2023
ORAL ORDER
1. Rule, returnable forthwith. Mr. Rohan Shah, learned
Assistant Government Pleader waives service of notice of Rule
for the respondent. With the consent of the learned advocates for
the respective parties, the petition is taken up for final hearing
today.
2. It appears that in identical group of matters namely; SCA
No.3072 of 2022 and allied matters dated 6.10.2022, this Court
has passed the following order.
C/SCA/19794/2022 ORDER DATED: 03/02/2023
"1. By way of this group of petitions, the petitioners
of respective petitions have challenged the orders of
various dates, passed by the Deputy Collectors of
Ahmedabad and Vadodara districts, on an
application under Sections 5(1) and 6 of the Gujarat
Prohibition of Transfer of Immovable Properties and
provision for Tenants from Eviction from Premises
in the Disturbed Areas Act, 1991 ['the Act', for
short].
2.1 Considering the fact that as per the scheme of
'the Act', since an order passed by the Deputy
Collector, is an appealable order and an appeal
would lie before the Special Secretary (Appeals),
Revenue Department, all these petitions are not
entertained and the petitioners are relegated to avail
the alternative remedy of preferring an appeal before
the Special Secretary (Appeals), Revenue
Department.
2.2 At this juncture, learned advocate Mr.Hakim,
upon instructions, states that petitioners are ready
and willing to approach the Special Secretary
(Appeals), Revenue Department by way of an
appeal, which is prescribed as per 'the Act'.
However, he states that there are catena of decisions
on the point fetching the merits of the matter and if
some directions are issued to the Special Secretary
(Appeals), Revenue Department to consider those
decisions while considering the appeals that the
present petitioners may prefer and Special Secretary
(Appeals), Revenue Department may be directed to
pass a reasoned order pursuant to the submissions
that the learned advocate for the petitioners may
make.
C/SCA/19794/2022 ORDER DATED: 03/02/2023
3. In view of that, it is directed that in case if the
petitioners of respective petitions challenge each of
the impugned orders, in each of this petition, by way
of separate Appeal before the Special Secretary
(Appeals), Revenue Department, the Special
Secretary (Appeals), Revenue Department is directed
to consider the aforesaid Appeals in light of
submissions and judgments that may be cited before
him during the course of hearing and to pass the
reasoned order.
4. The aforesaid exercise may be carried out as early
as possible. Further, the Special Secretary (Appeals),
Revenue Department may also bear in mind while
deciding the aspect of limitation that after the
impugned orders passed by the Deputy Collector in
each of the petition, the petitioners approached this
Court by way of writ petitions and now after the
aforesaid writ petitions remained pending for
considerable time before this Court, the petitioners
are relegated to avail alternative remedy.
5. With the aforesaid observations and directions,
each of the petition is disposed of. Notice is
discharged. No order as to costs."
3. Mr. Hakim, learned counsel for the petitioners states that
the petitioners have already filed an appeal before the Special
Secretary (Appeals), Revenue Department. In light of this, the
Special Secretary (Appeals) is directed to consider the appeal in
light of the submissions and the judgments that may be cited
C/SCA/19794/2022 ORDER DATED: 03/02/2023
before him during the course of hearing and to pass a reasoned
order.
4. The aforesaid exercise may be carried out as early as
possible. Further, the Special Secretary (Appeals), Revenue
Department may also bear in mind while deciding the aspect of
limitation that after the impugned orders passed by the Deputy
Collector in each of the petition, the petitioners approached this
Court by way of writ petition and now after the aforesaid writ
petitions remained pending for considerable time before this
Court, the petitioners are relegated to avail alternative remedy.
5. With the aforesaid observations and directions, the petition
is disposed of. Rule is answered accordingly. Direct Service is
permitted. No order as to costs.
(BIREN VAISHNAV, J)
VATSAL
