Maunang Ramanbhai Patel vs State Of Gujarat
2024 Latest Caselaw 3382 Guj

Gujarat High Court

Maunang Ramanbhai Patel vs State Of Gujarat on 16 April, 2024

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                    NEUTRAL CITATION




     C/CA/1956/2024                                ORDER DATED: 16/04/2024

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     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
                      1956 of 2024

        In R/LETTERS PATENT APPEAL NO. 399 of 2024

                            With
         R/LETTERS PATENT APPEAL NO. 399 of 2024
                             In
       R/SPECIAL CIVIL APPLICATION NO. 6793 of 2022
                            With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
        In R/LETTERS PATENT APPEAL NO. 399 of 2024
                             In
       R/SPECIAL CIVIL APPLICATION NO. 6793 of 2022
==========================================================
                      MAUNANG RAMANBHAI PATEL & ORS.
                                  Versus
                         STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR VIMAL A PUROHIT(5049) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,3,4,5,6,7,8,9
 for the Respondent(s) No. 2,3
MS HETAL PATEL AGP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                              Date : 16/04/2024

                               ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Delay in preferring the Letters Patent Appeal is

NEUTRAL CITATION

C/CA/1956/2024 ORDER DATED: 16/04/2024

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condoned. The Civil Application is allowed and stands disposed of, accordingly.

2. The present Letters Patent Appeal arises out of the common judgment and order dated 5.6.2023 passed by the Learned Single Judge in the Special Civil Application. It is being disposed of by this order simultaneously.

3. Having noticed the fact that in the writ petition, the petitioners sought to challenge the order passed by the Mamlatdar in the proceedings under Section 84C of the Gujarat Tenancy and Agricultural Lands Act, 1948, we do not find any error in the order passed by the learned Single Judge in dismissing the petition relegating the petitioners to avail the statutory remedy under Section 74 of filing an appeal before the Collector.

4. No dispute could be raised when effective statutory remedy of appeal and revision against the order passed by the Mamlatdar under Section 84C of the Gujarat Tenancy and Agricultural Lands Act, 1948 is available to the petitioners. We may further note that the learned single Judge has clarified that the authority concerned shall decide the matter independently without being influenced by any of the observations made in the judgment impugned.

NEUTRAL CITATION

C/CA/1956/2024 ORDER DATED: 16/04/2024

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5. For the aforesaid, the Appeal is found to be meritless and hence dismissed being devoid of merits. The Civil Application for stay also stands disposed of accordingly.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J.) SAHIL S. RANGER