Gujarat High Court
Rashmiben Vadilal Parikh vs State Of Gujarat on 16 January, 2024
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/19257/2023 ORDER DATED: 16/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19257 of 2023
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RASHMIBEN VADILAL PARIKH
Versus
STATE OF GUJARAT
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Appearance:
MR.JAL S. UNWALLA, SENIOR ADVOCATE WITH MR.NISARG H
VYAS(9431) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,3
2,33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,6
,7,8,9
for the Respondent(s) No. 2,3,4
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 16/01/2024
ORAL ORDER
[1] Heard learned senior advocate Mr. Jal S. Unwalla
appearing with learned advocate Mr. Nisarg H. Vyas for the
petitioners.
[2] At the outset, learned senior advocate Mr. Unwalla places
on record a draft amendment. The same is taken on record and
granted.
[3] In view of draft amendment, learned senior advocate
draws attention of this Court to the amended prayer whereby
the petitioners have prayed for issuance of writ of mandamus or
any other appropriate writ, order or direction in the nature of
NEUTRAL CITATION
C/SCA/19257/2023 ORDER DATED: 16/01/2024
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mandamus by directing respondent No.2 to decide Remand
Case No.Land/1/Court Matter/3162/2013 within a period of six
weeks.
[4] When it was pointed out to learned senior advocate Mr.
Unwalla that though a relief is sought by the petitioners to
decide the above mentioned remand case, the petitioners are
not even party to that remand case then how such request can
be considered. Learned senior advocate Mr. Unwalla, upon
instructions, has submitted that present petitioners shall make
appropriate application for impleading them in the aforesaid
proceedings within a period of two weeks from today and
thereafter, the authority may be directed to decide the aforesaid
case.
[5] Considering the fact that the petitioners are not even
party to the aforesaid application and today the Court is
unaware about the fact that whether the parties to that
application will welcome the petitioners in that proceedings or
may object also petitioners' application for being impleaded as
party in the aforesaid proceedings, the appropriate authority i.e.
respondent No.2 in view of above submission of learned senior
advocate Mr. Unwalla is directed to decide the application of
the petitioners for being joined as a party in event if such an
application for being joined as party respondent in the above
mentioned application is made within a period of two weeks
from today. One such application is decided as earlier as
NEUTRAL CITATION
C/SCA/19257/2023 ORDER DATED: 16/01/2024
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possible and if the petitioners are joined as respondents / co-
petitioners in the aforesaid petition, in that case, the respondent
authority, namely, Collector & District Magistrate, Bhavnagar is
directed to hear and decide revision application which is
pending since 2013 as early as possible preferably within a
period of three weeks once a decision about petitioners joining
application is taken.
[6] With the aforesaid directions, without entering into the
merits of the matter, the present petition is disposed of. It is
needless to say that the pending application preferred
hereinabove shall be decided in accordance with directions
given by the co-ordinate Bench of this Court vide judgment and
order dated 06.05.2013 passed in Special Civil Application No.
13110 of 2011 with Special Civil Application No.6556 of 2012.
[7] Rest of the prayers made in the petition are not pressed at
this stage by learned senior advocate Mr. Unwalla.
(NIRZAR S. DESAI, J.)
DHARMENDRA KUMAR
