Gujarat High Court
Sachin Maganlal Desai vs State Of Gujarat on 20 September, 2023
Bench: Sandeep N. Bhatt
NEUTRAL CITATION
R/SCR.A/8256/2021 ORDER DATED: 20/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8256 of 2021
With
CRIMINAL MISC.APPLICATION (FIXING DATE OF EARLY HEARING) NO.
1 of 2023
In R/SPECIAL CRIMINAL APPLICATION NO. 8256 of 2021
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SACHIN MAGANLAL DESAI
Versus
STATE OF GUJARAT
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Appearance:
MR MEHUL K KAKKAD(11543) for the Applicant(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2,3,4
MR DHAWAN JAYSWAL, PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 20/09/2023
COMMON ORAL ORDER
Rule. Learned APP waives service of rule for the
Respondent-State.
1. By way of this petition, the petitioner has
prayed for the following reliefs;
"15. ...
I. YOUR LORDSHIPS be pleased to admit and allow this
petition;
II. YOUR LORDSHIPS be pleased to issue appropriate writ,
order or direction, directing the respondents more particularly
NEUTRAL CITATION
R/SCR.A/8256/2021 ORDER DATED: 20/09/2023
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the respondent no.1 to forthwith register the FIR in pursuance
to written complaint dated 13.05.2019 at Annexure-** and
investigate the same in accordance with law, in the interest of
justice;
III.Pending the admission, hearing and final disposal of this
petition, YOUR LORDSHIPS be pleased to direct the
respondents more particularly the respondent no. 1 to
forthwith register the FIR in pursuance to written complaint to
respondent no.1 dated 13.05.2019 at Annexure-** & written
complaint to respondent no.2 dated 27.06.2019 at Annexure:
** and investigate the same in accordance with law, in the
interest of justice;
IV. ..."
2. Learned Advocate, Mr. Kakkad, appearing for the
petitioner submitted that the petitioner made a
representation to Respondent No.1 on 13.05.2019 and
despite that an FIR is not being registered. It is
further submitted that he is dispossessed of the
land, which belongs to him. It is submitted that an
FIR under the Gujarat Land Grabbing (Prohibition)
Act, 2020 (in short, 'the Act'). In support of his
submissions, learned Advocate, Mr. Kakkad, placed
reliance on the decision of the Apex Court, rendered
in the case of LALITA KUMARI V. STATE OF UTTAR
PRADESH AND OTHERS', (2014) 2 SCC 1, and prayed that
this petition be allowed.
NEUTRAL CITATION
R/SCR.A/8256/2021 ORDER DATED: 20/09/2023
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3. Learned APP, Mr. Jayswal, relied on the decision
of the Coordinate Bench of this Court, rendered in
Special Civil Application No. 18 of 2023, Dated:
25.01.2023, and submitted that the petitioner also
has an alternative remedy and therefore, this Court
may pass the appropriate orders.
4. Heard, learned Counsels for the parties and
perused the material produced on record. From the
record, it appears that the petitioner gave a
complaint / representation before Respondent No.2 on
13.05.2019, alleging the commission of offences
punishable under Sections 420, 465, 467, 468, 471
etc. of the Indian Penal Code. Now, if, the dispute
between the parties, which is sought to be agitated
by the petitioner by way of this petition, is
perused, it appears to be purely of civil nature. The
dispute, essentially, is with regard to grant of non-
agricultural permission by the Collector, Valsad,
which traveled up to SSRD, Ahmedabad. This Court is,
therefore, of the opinion that the petitioner, if,
has any grievance, the same can be adjudicated only
by a competent Civil Court, after hearing both the
NEUTRAL CITATION
R/SCR.A/8256/2021 ORDER DATED: 20/09/2023
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sides. Further, the petitioner may also approach the
Special Court for filing a complaint under Section 9
of the Act, as laid down by the Coordinate Bench of
this Court vide its judgment and order dated
25.01.2023. Thus, the reliefs, as prayed for in this
petition, cannot be granted.
5. Resultantly, this petition fails and is
DISMISSED. Notice is discharged.
5.1 In view of the disposal of the main matter,
Civil Application shall not survive and the same also
stands disposed of, accordingly.
(SANDEEP N. BHATT,J)
UMESH/-
