Avnidhar Premchand Karta Of Huf ... vs State Of Gujarat
2023 Latest Caselaw 663 Guj

     C/SCA/7853/2021                            JUDGMENT DATED: 24/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 7853 of 2021
                                   With
               R/SPECIAL CIVIL APPLICATION NO. 7911 of 2021

FOR APPROVAL AND SIGNATURE:                               sd/-
HONOURABLE MR. JUSTICE A.S. SUPEHIA
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1     Whether Reporters of Local Papers may be allowed               NO
      to see the judgment ?

2     To be referred to the Reporter or not ?                        NO

3     Whether their Lordships wish to see the fair copy              NO
      of the judgment ?

4     Whether this case involves a substantial question              NO
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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     AVNIDHAR PREMCHAND KARTA OF HUF AVNIDHAR PREMCHAND
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR NV GANDHI(1693) for the Petitioner(s) No. 1,2,3
MR JAYNEEL S. PARIKH, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5
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    CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                            Date : 24/01/2023
                        COMMON ORAL JUDGMENT

1. With the consent of learned advocates of both the parties, the matters are taken up for hearing.

2. Since the issue involved in the present writ petitions is common, the same are heard and decided analogously by this common judgment.

C/SCA/7853/2021 JUDGMENT DATED: 24/01/2023

3. Rule. Learned AGP waives service of rule for the respondent No.1-State.

4. In the present writ petitions, the petitioners are aggrieved by the impugned orders, whereby Entry Nos.7370 and 7371 respectively, in their favour have been cancelled by the Circle Officer, Danilimda, Ahmedabad, which are subject matter of captioned petitions.

5. At the outset, learned advocate Mr.N.V.Gandhi, appearing for the petitioners has submitted that the aforesaid entries were cancelled by raising objection i.e. non production of NA permission. As regards the objection is concerned, heavy reliance is placed on the judgment and order dated 25.11.1998 passed by the Special Secretary, Revenue Department (SSRD) in the various applications whereby, after examining the provisions of Benami Transactions (Prohibition) Act, 1988, by declaring that the Shah Alam Roja Trust had the power to give NA permission to the agricultural land situated at village Isanpur.

6. Learned advocate Mr.N.V.Gandhi for the petitioners has submitted that the Special Secretary, Revenue Department, ought to have considered that Isanpur was inami village governed by the Gujarat Devsthan Inams Abolition Act, 1969 from 15.11.1969 and, therefore, the provisions of Land Revenue Code are applicable to the Isanpur village only after 16.11.1969. It is submitted that pursuant to the aforesaid NA permission granted by the Trust, the respective land owners

C/SCA/7853/2021 JUDGMENT DATED: 24/01/2023

are using similarly situated lands for NA purpose. It is submitted that the judgment and order, though was pointed out to the Special Secretary, Revenue Department and the respective parties below, the same was not considered.

7. Learned advocate Mr.N.V.Gandhi for the petitioners has submitted that under the circumstances, the Deputy Collector, Ahmedabad may be directed to re-examine the issue in light of the aforesaid judgment and order.

8. Learned AGP Mr.Jayneel Parikh has submitted that the impugned order may not be set aside on the aforesaid ground since, admittedly, as per the provisions of Land Revenue Code, necessary premium has to be paid by the petitioners in order to convert the land for non-agriculture purpose. No further submission is made.

9. I have heard the learned advocates appearing for the respective parties.

10. A perusal of the impugned orders dated 16.04.2014 reveals that the same is passed in ignorance of the judgment and order dated 25.11.1998 passed by the Special Secretary, Revenue Department in the various applications filed by the similarly situated persons with regard to NA permission in the Isanpur area. It is not in dispute that the petitioners had pointed out the same to the respondent authority, but the same is not considered.

C/SCA/7853/2021 JUDGMENT DATED: 24/01/2023

11. In this view of the matter, the impugned orders are set aside. The Deputy Collector, Ahmedabad is directed to pass appropriate orders after hearing the present petitioners in light of the judgment and order dated 25.11.1998 passed by the Special Secretary, Revenue Department in various applications in favour of the similarly situated land owners of Isanpur village by examining the facts of each case.

12. Necessary orders shall be passed within a period of six months after the petitioners are heard on this issue.

13. The present petitions are allowed. Rule is made absolute.

Registry to place a copy of this judgment in each of the connected matters.

sd/-

(A. S. SUPEHIA, J)

MB/