Gujarat High Court
Bahadursinh Mansinh Chauhan (Rajput) vs State Of Gujarat on 20 June, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
R/SCR.A/2265/2021 ORDER DATED: 20/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2265 of 2021
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BAHADURSINH MANSINH CHAUHAN (RAJPUT) & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR B V DODIYA(11429) for the Applicant(s) No. 1,2
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
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. Heard Mr. Virat Popat, learned advocate for the
petitioners and perused the material on record.
2. By means of present writ-petition, the petitioners
seek to challenge the FIR lodged under the Gujarat Land
Grabbing (Prohibition) Act, 2020. The reliefs prayed in
the writ-petition are as under:
"(b) To hold and declare that the provisions of the being the
Gujarat Land Grabbing (Prohibition) Act, 2020 along with
Gujarat Land Grabbing (Prohibition) Rules, 2020 as ultra
NEUTRAL CITATION
R/SCR.A/2265/2021 ORDER DATED: 20/06/2024
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vires to the Constitution of India being violative of Articles
14, 20, 21 and Article 254 of the Constitution of India;
(c) To issue appropriate Writ, Order or Direction quashing
and setting aside the proceedings of FIR being CR
No.11208053210256 of 2021 lodged with Rajkot Taluka
Police Station, Rajkot City;
(d) Pending admission, hearing and final disposal of this
application, to stay further investigation / proceedings in
connection with FIR being CR No. 11208053210256 of 2021
lodged with Rajkot Taluka Police Station, Rajkot City."
3. The validity of the Gujarat Land Grabbing
(Prohibition) Act, 2020 has been upheld by Division
Bench of this Court by judgment and order dated
9.5.2024 passed in SCA No. 2995 of 2021 and allied
matters, coming on the merits of the case, we may recall
that the averments made in the writ-petition are only with
respect to the validity of the the Gujarat Land Grabbing
(Prohibition) Act, 2020, on various grounds, which have
been adjudicated by this Court in the aforesaid decision.
There is no whisper about the merits of the allegations
made in the FIR. No relief as such can be granted for
NEUTRAL CITATION
R/SCR.A/2265/2021 ORDER DATED: 20/06/2024
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quashing and setting aside the proceedings of the FIR.
The writ-petition is accordingly dismissed.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
SAJ GEORGE
