State Of Gujarat vs Gordhanbhai Shanabhai Parmar
2023 Latest Caselaw 96 Guj

      C/LPA/188/2022                              ORDER DATED: 04/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 188 of 2022

            In R/SPECIAL CIVIL APPLICATION NO. 3480 of 2009

                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
               In R/LETTERS PATENT APPEAL NO. 188 of 2022
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                             STATE OF GUJARAT
                                   Versus
                       GORDHANBHAI SHANABHAI PARMAR
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Appearance:
MR. K.M. ANTANI, LD. ASST. GOVERNMENT PLEADER for the Appellant(s)
No. 1
for the Respondent(s) No. 1,2
ABATED for the Respondent(s) No. 1.1
NOTICE SERVED for the Respondent(s) No. 2.1
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                              Date : 04/01/2023

                               ORAL ORDER

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

1. This intra court appeal lays challenge to the judgment and order dated 15.11.2016 passed in Special Civil Application No.3480 of 2009, whereunder, special civil application filed by the State challenging the order of the Collector dated 13.04.2007 came to be affirmed and special civil application came to be dismissed.

C/LPA/188/2022 ORDER DATED: 04/01/2023

2. Having heard learned Asst. Government Pleader Mr. K.M. Antani appearing for the appellant and on perusal of the record, we notice that the respondents herein were held to be deemed purchasers in respect of the land bearing Survey No.202, Block No.117 admeasuring 1.10.28 square meters, situated in the sim of village Vemali, Taluka & District: Vadodara in the inquiry conducted under Section 32G of the Bombay Tenancy & Agricultural Lands Act, 1948 and said land was subjected to restrictions under Section 43 of the Tenancy Act. Respondents initiated proceedings under Section 70(O) of the Tenancy Act before the Mamlatdar for removal of restrictions placed under Section 43 of the Tenancy Act on the ground that their forefathers were permanent tenants. Mamlatdar, vide order dated 18.03.2003, allowed the application by holding that the restrictions under Section 43 of the Tenancy Act were not applicable to the respondents herein as their forefathers were permanent tenants.

3. Collector initiated suo motu proceedings on the strength of Government Resolution dated 07.10.2005. Undisputedly, the said resolution, on the basis of which the suo motu proceedings was initiated, has been struck down in Special Civil Application No.12976 of 2005 vide order dated 23.01.2007 and affirmed in Letters Patent Appeal No.926 of 2008 vide order dated 01.05.2014. In

C/LPA/188/2022 ORDER DATED: 04/01/2023

that view of the matter, the order passed by the Collector dated 13.04.2007, who directed deciding the status of the tenant, was called in question before the Gujarat Revenue Tribunal which had allowed the same vide order dated 19.03.2008. This order of the Tribunal which was challenged by State before the learned Single Judge did not find favour and rightly so in view of the Government Resolution having been already struck down and same having attained finality. This fact is not seriously disputed by appellant-State. In that view of the matter, we find no error having been committed by learned Single Judge either on facts or on law calling for our interference. This appeal lacks merits. Hence, it is dismissed. Pending applications, if any, stand consigned to records.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) Vahid