Gujarat High Court
Raniben Hamirbhai Barariya vs The State Of Gujarat on 20 June, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
R/SCR.A/13151/2023 ORDER DATED: 20/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CHALLENGING
VIRES/ULTRA VIRES) NO. 13151 of 2023
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RANIBEN HAMIRBHAI BARARIYA & ORS.
Versus
THE STATE OF GUJARAT & ORS.
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Appearance:
MS. NAYNAVATI S JETHVA(10030) for the Applicant(s) No. 1,2,3
DS AFF.NOT FILED (N) for the Respondent(s) No. 2,3
MR. MO.AVESH M PATHAN(14216) for the Respondent(s) No. 4
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 20/06/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. No one has put appearance to press the writ petition in the
revised call.
2. Prayers in the instant writ petition are :-
"B. YOUR LORDSHIPS may be pleased to allow the
present petition by holding and declaring the provisions
of the Act being the Gujarat Land Grabbing (Prohibition)
Act, 2020 along with the Rules made there under being
Gujarat Land Grabbing (Prohibition) Rules, 2020 as ultra-
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R/SCR.A/13151/2023 ORDER DATED: 20/06/2024
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virus to the Constitution of India being violative of
Articles 14, 20, 21 and 254 of the Constitution of India;
C. YOUR LORDSHIPS may be pleased to issue
appropriate writ, order or direction quashing and setting
aside the impugned notice Dt: 28.08.2023 issued by the
Respondent no:-4 Ld. Deputy Collector Anajr District
Kachch in JMN/Land Grabbing Case Register No: 75 of
2023 (Annexure - B); in interest of Justice.
D. Pending admission, hearing and final disposal of the
present writ petition, YOUR LORDSHIPS may be pleased
to stay operation, implementation and execution of the
Gujarat Land Grabbing (Prohibition) Act, 2020 as well as
the rules made thereunder being Gujarat Land Grabbing
(Prohibition) Rules, 2020 in the interest of justice;
E. Pending admission, hearing and final disposal of
the present writ petition, YOUR LORDSHIPS may be
pleased to stay the further operation, proceedings,
implementation and execution of the impugned Notice
Dt:-28.08.2023 issued by the Respondent no.:- 4 Ld.
Deputy Collector Anajr District Kachch in JMN/Land
Grabbing Case Register No: 75 of 2023 (Annexure - B);
in interest of Justice."
3. The challenge in the writ petition is to the notice dated
28.08.2023 issued by the respondent no.3, viz. the Deputy Collector,
Anjar, District Kachchh in the proceedings initiated under the Gujarat
Land Grabbing Act (Prohibition) Act, 2020.
4. We may note that the validity of the Land Grabbing Act and the
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R/SCR.A/13151/2023 ORDER DATED: 20/06/2024
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Rules made thereunder has been upheld by this Court by judgment
and order dated 09.05.2024 passed in Special Civil Application No.
2995 of 2021 and allied matters.
5. Coming to the claim of the petitioners on the merit of the notice
issued by the respondent no.3 in the inquiry conducted under the
Land Grabbing Act, we may note that the petitioner claims to be the
owner of the land bearing Survey No. 29 and 30/1 situated at village
Sinugra Taluka Anjar, District Kachchh. The copies of 7/12 abstract
of the aforesaid land is appended as Annexure 'C' (Collectively).
6. It is stated in the writ petition that the respondent no.4 is the
owner of land bearing Survey No. 28 Paiki 1 situated at Mouje Village
Sinugra, Taluka Anjar, District Kachchh. The copy of the 7/12
abstract of the Revenue Survey No. 28 Paiki 1 in the name of the
respondent no.4 is also appended as Annexure 'D'. The further
statement is that the lands of the petitioners and the private
respondent no.4 are adjoining/adjacent.
7. The allegations made by the respondent no.4 of encroachment
of his land by the petitioners is motivated, in order to pressurize the
petitioners to sell their land to the complainant-respondent no.4. A
Regular Civil Suit No. 48 of 2016 has been filed by the respondent
no.4 seeking declaration and permanent injunction against the
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R/SCR.A/13151/2023 ORDER DATED: 20/06/2024
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petitioners on the ground that the petitioners have encroached upon
the land in question.
8. Notice dated 08.04.2021 had been issued in the inquiry initiated
under the Gujarat Land Grabbing (Prohibition) Act, 2020, however,
the said complaint was closed by respondent no.2 in the meeting held
on 28.05.2021. The contention is that the Civil Suit has been
instituted by respondent no.4 has been dismissed vide judgment and
order dated 08.07.2021. No appeal has been preferred against the said
judgment and order by the respondent no.4.
9. However, a second complaint on 08.08.2023 has been filed
wherein the Collector, Kachchh had passed order dated 14.08.2023
directing the Deputy Collector, Kachchh, District Anjar to investigate
the case and report. The Land Grabbing Case No. 75 of 2023 has
been registered against the petitioner and the notice impugned dated
28.08.2023 has been issued by the Deputy Collector, Anjar, District
Kachchh.
10. From the averments made in the writ petition, we may note that
there is no whisper in the writ petition as to whether the petitioner has
submitted any reply to the notice giving correct and detailed facts of
his claim, as stated in the writ petition. The petitioner has rushed to
this Court at the stage of preliminary inquiry and hence, we do not
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find it a fit case to intervene. The writ petition is accordingly
dismissed. However, liberty is with the petitioner to press his claim
before the inquiry committee, if not already adjudicated, pursuant to
the notice dated 28.08.2023.
11. It is clarified that the dismissal of the instant writ petition will
not come in the way of the petitioner, in case any such reply is filed
and the inquiry if pending shall be brought to its logical end without
being influenced by any of the observations made hereinabove.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
BIJOY B. PILLAI
