Gujarat High Court
Burhanuddin (Burhan) Nuruddin Ravat vs State Of Gujarat on 30 January, 2024
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/1444/2024 ORDER DATED: 30/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1444 of 2024
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BURHANUDDIN (BURHAN) NURUDDIN RAVAT
Versus
STATE OF GUJARAT
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Appearance:
MR JAY N SHAH(10668) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3,4
MR. JAY TRIVEDI ASSTT. GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 30/01/2024
ORAL ORDER
By way of this petition, the petitioner has prayed
for following reliefs :
(A) This Hon'ble Court may be pleased to issue appropriate
writ, order or direction for quashing and setting aside the notice
dated 4.1.2024, which is at Annexure C issued from the office of
the Collector, Dahod;
(B) Pending admission, hearing and final disposal of the
present petition, stay the further proceeding in respect of notice
dated 4.1.2024 issued from the office of the Collector, Dahod.
(C) Grant such other and further relief as thought fit in the
interest of justice.
NEUTRAL CITATION
C/SCA/1444/2024 ORDER DATED: 30/01/2024
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2. By way of show cause notice dated 4.1.2024, the
proceedings against the petitioner are initiated and the
hearing was kept on 16.1.2024 pursuant to two different
representations received by two different persons.
3. Upon a suggestion by the Court that why the
petitioner has approached this Court when the issue is
pending at large before Collector, Dahod, and that the
petitioner may point out all the facts of the case if the
petitioners are of the view that not just a show cause
notice is without jurisdiction as it suffers from delay but
also the petitioners are contending that the proceedings
under Section 73 AA are misconceived as the Deputy
Collector has already submitted a report in favour of the
petitioner.
4. According to learned advocate Ms. Kruti Shah the
case of the petitioner is squarely covered by the
judgment of the Division Bench of this Court in case of
Bharatbhai Naranbhai Vegda Vs. State of Gujarat and
Ors, dated 29.7.2015 in Letters Patent Appeal No. 798 of
2011 which is subsequently confirmed by the Supreme
Court vide order dated 16.10.2015 in SLP (Civil) No.
29190 of 2015.
5. Ms. Shah apprehends that even if the petitioner is
willing to participate in the proceedings pursuant to the
NEUTRAL CITATION
C/SCA/1444/2024 ORDER DATED: 30/01/2024
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show cause notice dated 4.1.2024, the Collector Dahod
may not record the submissions of the petitioner or the
contentions and the judgments that the petitioner is
relying upon and shall pass a routine order and may
hold against the petitioner.
6. To meet with the aforesaid apprehension of the
petitioners, learned AGP Mr. Trivedi states that if the
petitioners are ready and willing to participate in the
proceedings pursuant to the impugned show cause notice
dated 4.1.2024, in that case the Collector can be directed
suitably to consider the submissions of the petitioner
including the written submissions and the judgments
that the petitioners are relying upon and Collector may be
directed to pass a reasoned order by keeping all the
rights and contentions of the petitioner open.
7. In view of the above submissions, under the
instructions of the petitioners learned advocate Ms. Shah
seeks permission to withdraw this petition. Ms. Shah
request that this Court may issue suitable directions to
Collector, Dahod for adjudication of the show cause
notice dated 4.1.2024.
8. In view of above, while the permitting the petitioner
to withdraw the petition following directions are issued to
Collector, Dahod;
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C/SCA/1444/2024 ORDER DATED: 30/01/2024
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(a) the Collector Dahod may consider and supply the
documents if the petitioner is of the view that some
documents are missing to effectively reply the show
cause notice the petitioner needs some documents
which are in the possession of the Collector, Dahod.
(b) the petitioner may be permitted to file written
submissions as well as the judgments that the petitioners
are relying upon;
(c) once the documents are supplied to the petitioners
and the written submission from the petitioner are
received, if the petitioners intend to make oral
submissions, the petitioners may be permitted to make
oral submissions and the Collector, Dahod while deciding
the show cause notice dated 4.1.2024 shall pass a
reasoned order recording the submissions of the
petitioner as well as giving the reasons for accepting or
rejecting those submissions. Needless to say that this
Court has not gone into the merits of the matter and
rights and contentions of the petitioners are kept open.
9. With the aforesaid directions, the petition stands
disposed of as withdrawn.
(NIRZAR S. DESAI,J)
MARY VADAKKAN
