Gujarat High Court
Kanubhai Mahadevbhai Bharwad vs State Of Gujarat on 20 June, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
R/SCR.A/8166/2022 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. 8166 of 2022
With
CRIMINAL MISC.APPLICATION (FOR VACATING INTERIM RELIEF) NO.
1 of 2023
In R/SPECIAL CRIMINAL APPLICATION NO. 8166 of 2022
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KANUBHAI MAHADEVBHAI BHARWAD
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS SANGITA M. CHAUHAN(11842) for the Applicant(s) No. 1
ABHISST K THAKER(7010) for the Respondent(s) No. 4
NOTICE SERVED for the Respondent(s) No. 2,3
MR. DHAWAL 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 up appearance in the revised call.
The instant petition is filed for the following reliefs:
"(B) That this Hon'ble Court may be pleased tohold that the
provisions of GLGP Act, 2020 is ultra vires to the Article 14,
20, 21 and 300 A of the Constitution of India;
(C) Your Lordships may be pleased to quash and set-aside the
FIR No. 11216025220269 of 2022 filed before Santej Police
Station, Gandhinagar for the offence u/s. 4 (3) of the Land
Grabbing Act and u/s. 465, 467, 468, 471 and 120 B of
NEUTRAL CITATION
R/SCR.A/8166/2022 ORDER DATED: 20/06/2024
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IPCand all the consequential/subsequent proceedings thereto
in the interest of justice;
(D) Your Lordships may be pleased to stay the further
proceedings of impugn FIR No. 11216025220269 of 2022
filed before Santej Police Station, Gandhinagar for the
offence u/s. 4 (3) of the Land Grabbing Act and u/s. 465, 467,
468, 471 and 120 B of IPCand also consequential
proceedings thereupon till the admission, hearing and final
disposal of the present petition in the interest of justice."
2. Insofar as the validity of the provisions of the
Gujarat Land Grabbing (Prohibition) Act, 2020, the same
has been upheld by this Court in the judgment and order
dated 9.5.2024 passed in SCA No. 2995 of 2021 and allied
matters. Coming to the merits of the claim of the petition,
we may note that the allegations in the complaint, as
stated in Para-3.1 of the writ-petition are that the
complainant stated that his land has been sold away, by
way of registered sale-deed, by a third person and
mutation entry to that effect had been made in the
revenue record bearing entry No. 1787 dated 7.3.2022.
The petitioner herein is purchaser of the land in question
by way of registered sale-deed. In Para-3.2 of the writ-
NEUTRAL CITATION
R/SCR.A/8166/2022 ORDER DATED: 20/06/2024
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petition, it is stated that the complainant has further
alleged that perusal of record from the office of the
Mamlatdar, it was transpired that the sale-deed had been
executed on the basis of the Power of Attorney (PoA) of
one Chandbhai Allarakhabhai Rathod, who has also been
made accused No.1 in the FIR. The sale-deed was
executed in favour of the petitioner for a sale
consideration of Rs 5,11,00,000/-. The contention in Para-
3.3 of the writ-petition by the petitioner is that he has
paid entire amount of money by issuing 4 cheques of
ICICI Bank and a Civil Suit has been filed by the
respondent No.4 complainant in the Court of Principal
Senior Civil Judge, Kalol against the petitioner and PoA
holder, executant of the sale-deed. The petitioner herein
has also filed Special Civil Suit against the complainant
and accused No.1 claiming to be victim of the entire
incident. The submission, thus, is that the complaint
under the Gujarat Land Grabbing (Prohibition) Act, 2020
filed by the petitioner, is with an oblique motive. The
petitioner herein had occupied right in the property on
NEUTRAL CITATION
R/SCR.A/8166/2022 ORDER DATED: 20/06/2024
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the basis of the registered sale-deed, which in turn was
executed on the basis of the PoA and he is in possession
of the land in question.
3. The contention in the writ-petition is that the
proceedings under the Gujarat Land Grabbing
(Prohibition) Act, 2020 had been initiated with a view to
criminalise the civil dispute and moreover, the petitioner
has procurred title by way of adverse possession. Dealing
with all these contentions of the petitioner in the writ-
petition, suffice it to note that neither the copy of the
sale-deed nor the POA, which was the basis of the sale-
deed, allegedly executed in favour of the petitioner, has
been brought on record. The averments made in the
complaint, therefore, cannot be doubted.
4. The petitioner has not been able to establish that he
has occupied the possession of the land in question by
lawful means. The challenge to the contents of the
complaint/ FIR, therefore, cannot be sustained on the
merits of the allegations therein.
NEUTRAL CITATION
R/SCR.A/8166/2022 ORDER DATED: 20/06/2024
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In view of the above, the writ-petition is dismissed
being devoid of merits.
The Criminal Misc. Application (for vacating interim
relief) No.1 of 2023 also stands disposed of.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
SAJ GEORGE
