Gopalbhai Jayantibhai Parmar vs The Collector
2023 Latest Caselaw 2435 Guj

      C/SCA/6802/2020                                  ORDER DATED: 21/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 6802 of 2020

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                        GOPALBHAI JAYANTIBHAI PARMAR
                                    Versus
                              THE COLLECTOR
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Appearance:
MR. JAY M THAKKAR(6677) for the Petitioner(s) No. 1,2
MR. PR BRAHMBHATT(7005) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 4
MR KRUTIK PARIKH, AGP for the Respondent(s) No. 1,2,3
HCLS COMMITTEE(4998) for the Respondent(s) No. 4.1,4.2,4.3
MR.HARDIK B SHAH(3751) for the Respondent(s) No. 4.1,4.2,4.3
NOTICE SERVED BY DS for the Respondent(s) No. 5,6,7
SERVED BY RPAD (N) for the Respondent(s) No. 5,6,7
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                               Date : 21/03/2023

                                  ORAL ORDER

1. Heard learned advocate Mr.Jay M. Thakkar

for the petitioners and learned Assistant

Government Pleader Mr.Krutik Parikh for the

respondent Nos.1 to 3.

2.1. Learned advocate Mr.Thakkar for the

petitioners submitted that the petitioners are

the defendants in the Mamlatdar Court Case

No.1 of 2018. It was submitted that the Suit

C/SCA/6802/2020 ORDER DATED: 21/03/2023

was decreed in favour of the respondent No.4

to 7. The Deputy Collector has also confirmed

the order passed by the Mamlatdar vide the

impugned order dated 21.10.2019.

2.2. Learned advocate Mr.Thakkar submitted

that the petitioners being aggrieved by the

impugned order passed by the Deputy Collector

has preferred this petition which is pending

since 2020.

2.3. It was further submitted that the

petitioners have also preferred a Regular

Civil Suit No.55 of 2018 for declaration and

permanent injunction for the same subject

matter. Learned advocate Mr.Thakkar invited

the attention of the Court to the judgment and

decree passed by the 3rd Additional Senior

Civil Judge, Anand dated 25.10.2021 which is

C/SCA/6802/2020 ORDER DATED: 21/03/2023

produced on record along with the affidavit-

in-rejoinder of the petitioners to submit that

the Suit filed by the petitioners is allowed

by the Civil Court. It was also submitted that

the respondent Nos.4 to 7 have preferred an

Appeal before the Appellate Court challenging

the judgment and decree dated 25.10.2021.

2.4. It was therefore submitted by learned

advocate Mr.Thakkar that in view of the

judgment and decree passed by the Civil Court,

the impugned order passed by the Mamlatdar and

confirmed by the Deputy Collector would become

insignificant.

3. Considering the above submissions, the

petition is disposed of having become

infructuous. Notice is discharged.

(BHARGAV D. KARIA, J) PALAK