Rajnikant Ambalal Patel vs State Of Gujarat
2023 Latest Caselaw 208 Guj

     C/SCA/25892/2022                           ORDER DATED: 09/01/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 25892 of 2022

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                        RAJNIKANT AMBALAL PATEL
                                 Versus
                            STATE OF GUJARAT
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Appearance:
MR VINOD M GAMARA(5910) for the Petitioner(s) No. 1
NILESH J GOSAI(7325) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MS SHRUNJAL SHAH, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                            Date : 09/01/2023
                             ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. Heard Mr. Vinod M. Gamara, learned advocate appearing

for the petitioner and Ms. Shrunjal Shah, learned AGP

appearing for the respondent State. Perused the case papers.

2. Petitioner is seeking for a direction to the respondent not

to disburse the compensation to any person till the rights over

the property are not decided in Second Appeal No.53 of 1999.

Petitioner instituted Regular Civil Suit No.260 of 1982 for

C/SCA/25892/2022 ORDER DATED: 09/01/2023

partition and separate possession of the several properties

including the agricultural land bearing Revenue Survey Nos.

2034, 2039, 2040, 2043 and 2075/8, situated at Village: Borsad,

District: Anand viz. father of the petitioner had instituted the

said suit claiming partition and separate possession including

mesne profit which came to be adjudicated and decreed vide

judgment and decree dated 23.12.1993 declaring 1/3rd share in

favour of the plaintiff. Insofar as refusal of the decree for ½

share which was claimed by the plaintiff resulted in filing of

Regular Civil Appeal No.12 of 1994 by plaintiff. Defendant

against whom suit was decreed for in favour of plaintiff granting

1/3rd share was challenged the same by filing Regular Civil

Appeal No.31 of 1994. Both these appeals came to be disposed

of modifying the judgment and decree and granting ½ share in

some of the properties only by judgment and decree dated

23.2.1994. Both plaintiff and defendant being aggrieved by

same have preferred two appeals viz. Second Appeal No.41

1999 (by plaintiff) and Second Appeal No.53 of 1999 (by

defendant - respondent No.3 herein). Said appeals having been

admitted are said to be pending. In the meanwhile, land situated

C/SCA/25892/2022 ORDER DATED: 09/01/2023

in Revenue Survey Nos. 2034, 2039, 2040, 2043 and 2075/8,

situated at Village: Borsad, District: Anand have been acquired

and compensation has been determined by an award.

3. The grievance of the petitioner is that he was not made

party in reference application filed by respondent No.3 and on

the order passed by reference court, an appeal has been filed by

the State in First Appeal No.2256 of 2021, wherein an order

came to be passed on 19.9.2021 directing opponents therein to

invest 50% of the award amount in a cumulative fixed deposit in

a nationalised bank initially for a period of three years and

renewable from time to time for similar period till final disposal

of the appeal and 50% of the award amount was ordered to be

disbursed in favour of the original claimant i.e. respondent

No.14 herein. Hence, contending if said amount is disbursed,

petitioner would be put to great loss, petitioners have sought for

a writ being issued to respondent authority not to disburse

compensation amount to any person. We are unable to

understand as to how the petitioner would be at loss, for the

simple reason that admittedly petitioner who is the plaintiff in

Regular Civil Suit No.260 of 1982 is claiming only 50% of

C/SCA/25892/2022 ORDER DATED: 09/01/2023

compensation as his share and what has already been ordered

by the first appellate Court in First Appeal No.2256 of 2021 is

payment of 50% compensation in favour of the claimant viz.

respondent No.4 herein and balance 50% has been ordered to

be kept in fixed deposit. Hence, claim of petitioners is fully

secured. As such, no prejudice would be caused to the petitioner

until and unless 50% of the amount which is in fixed deposit is

ordered to be paid to respondent No.4. As such, reserving

liberty to the petitioner to work out his right either in pending

Second Appeal No.41 of 1999 connected with Second Appeal

No.53 of 1999 or in First Appeal No.2256 of 2021. This petition

stands rejected. Learned AGP is permitted to file memo of

appearance within four (4) weeks from today.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) Bharat