Legal Heirs Of Deceased ... vs State Of Gujarat
2023 Latest Caselaw 4417 Guj

       C/LPA/434/2023                           ORDER DATED: 13/06/2023




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/LETTERS PATENT APPEAL NO.434 of 2023
                            In
       R/SPECIAL CIVIL APPLICATION NO.3634 of 2023
                           With
   CIVIL APPLICATION (FOR INTERIM RELIEF) NO.1 of 2023
         In R/LETTERS PATENT APPEAL NO.434 of 2023
                           With
  CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO.2 of
                           2023
         In R/LETTERS PATENT APPEAL NO.434 of 2023
=========================================
     LEGAL HEIRS OF DECEASED NARENDRABHAI MOHANBHAI DHOLARIYA
                               Versus
                          STATE OF GUJARAT
=========================================
Appearance :
MR. BHAUMIK DHOLARIYA for the Appellants.
for the Respondent No.2.
MR KRUTIK PARIKH, AGP ON ADVANCE COPY SERVED TO GOVERNMENT
PLEADER for the Respondent No.1.
=========================================

 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A. J. DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                        Date : 13/06/2023
                         ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR.

JUSTICE A. J. DESAI)

1. By way of the present appeal under Clause 15 of the Letters Patent, the appellants - original petitioners have challenged the order dated 23.3.2023 passed by learned Single Judge in captioned writ petition by which the learned Single Judge has dismissed the writ petition.

2. On 6.4.2023, when the present appeal was listed before this Court, following order was passed :-

C/LPA/434/2023 ORDER DATED: 13/06/2023

"It is reported that the judgment passed by the learned Single Judge which is sought to be challenged in the present appeal is yet not available though the same is declared on 23.03.2023. Stand over to 19.04.2023.

Parties are hereby directed to maintain status quo as on today with regard to the property in question."

3. Thereafter, by a note dated 28.4.2023, learned advocate appearing for the appellant has produced a copy of the order impugned in this appeal which was accepted by the Registry on 28.4.2023. Thereafter, matter was listed on 4.5.2023 and thereafter it is listed before this Court today.

4. Having heard learned advocates appearing for the respective parties and considering the provisions of the Gujarat Land Revenue Code and considering the contention raised by the appellants that they have not been served with the notices which are produced on record, we dispose of this appeal by following directions :-

(I) The appellants may file their reply to the notices issued by the respondent authorities within a period of one week from today to establish their right, title and interest over the property in question.

(II) The respondent authorities shall afford an opportunity of hearing to the appellants and for that purpose, the appellants shall remain personally present for hearing before the respondent authorities and shall not ask for any adjournment. After affording

C/LPA/434/2023 ORDER DATED: 13/06/2023

personal hearing to the appellants, the respondent authority shall decide the issue expeditiously.

(III) The respondent authority shall thereafter pass appropriate order in accordance with law.

(IV) Till the issue is decided by the respondent authority, the parties are hereby directed to maintain status-quo qua the property in question.

(V) It is made clear that this Court has not examined the merits of the case and the respondent authority shall decide the issue independently, without being influenced by the observations made in the order passed by learned Single Judge.

In view of disposal of the appeal, connected applications also stand disposed of.

(A. J. DESAI, ACJ)

(BIREN VAISHNAV, J)

SAVARIYA