Vishnubhai Vitthalbhai Patel vs State Of Gujarat
2023 Latest Caselaw 911 Guj

     C/SCA/20067/2021                                ORDER DATED: 06/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 20067 of 2021

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                        VISHNUBHAI VITTHALBHAI PATEL
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. ARCHIT P JANI(7304) for the Petitioner(s) No. 1
MR RONAK RAVAL, AGP for the Respondent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                               Date : 06/02/2023

                                ORAL ORDER

1. At the outset, learned advocate Mr.Archit Jani has pointed out the directions issued by this Court in the judgment dated 15.6.2021 passed in Special Civil Application No.4911 of 2019 and has submitted that the respondent Collector, Ahmedabad has totally ignored the aforesaid directions and has only passed unreasoned order violating the observations with regard to refund of premium only. Learned advocate Mr.Jani has submitted that detailed representation was made by the petitioner and same is recorded in the entire order. However, while passing the final order, such contentions, which are raised by the petitioner, are not dealt with.

2. This Court has perused the impugned order dated 4.8.2021 as well as the directions issued by this Court vide judgment dated 15.6.2021 passed in Special Civil

C/SCA/20067/2021 ORDER DATED: 06/02/2023

Application No.4911 of 2019. This Court in paragraph 11 has specifically directed the Collector to further probe the issue with regard to the land in question as old tenure land or not.

3. Without adverting or dealing with the contentions raised by the petitioner and merely incorporating the same, the respondent Collector has ignored the directions issued by this Court by not assigning any reasons whether the land in question is restricted tenure or not. Thus, the respondent Collector is directed to pass fresh order in light with the directions issued by this Court vide judgment dated 15.6.2021 passed in Special Civil Application No.4911 of 2019 and deal with all the contentions raised by the present petitioner and as incorporated in the impugned order dated 4.8.2021. Necessary order shall be passed by the Collector, Ahmedabad as expeditiously as possible preferably within a period of eight weeks from the date of receipt of writ of this order.

4. It will be open for the petitioner to file a fresh representation. In case, any adverse order is passed, it will be open for the petitioner to take out appropriate proceedings, if so advised.

5. Subject to the aforesaid directions, the present petition stands disposed of.

(A. S. SUPEHIA, J) H.M. PATHAN