Gujarat High Court
Mirza Iyadkhan Kalubhai vs Collector - Palanpur Dist Bk on 24 April, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/1820/2024 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1820 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 10394 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In R/LETTERS PATENT APPEAL NO. 1820 of 2024
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MIRZA IYADKHAN KALUBHAI
Versus
COLLECTOR - PALANPUR DIST BK & ORS.
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Appearance:
MR SUNIL K SHAH(803) for the Appellant(s) No. 1
MS HETAL PATEL, AGP for the Respondent(s) No. 1
MR RB THAKOR(6743) for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 24/04/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. This is a wholly misconceived Letters Patent Appeal filed
against the judgment and order dated 17.12.2014 passed
by the learned Single Judge, whereby the challenge to
the two notices dated 15.05.2023 and 06.06.2023 issued
under Section 105 of the Gujarat Gram Panchayat Act,
1993 directing the petitioner to remove encroachment
on the subject land has been turned down.
2. The judgment impugned records that the appellant
herein has filed an appeal under Section 242 of the
Gujarat Gram Panchayat Act, 1993 challenging the
NEUTRAL CITATION
C/LPA/1820/2024 ORDER DATED: 24/04/2025
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notices which are subject matter of challenge before the
Writ court. The judgment impugned further records that
the appeal could not be decided by the competent
authority in view of the status quo order granted by the
writ court. Taking note of the various turns of events,
the learned Single Judge has simply recorded that the
prayer made by the petitioner for quashing of the
notices issued under Section 105 of the Gujarat Gram
Panchayat Act, 1993 is misconceived and cannot be
accepted at this stage. However, a further direction has
been given to the appellate authority to decide the
pending appeal as expeditiously as possible, not beyond
the period of eight weeks from the date of receipt of the
order.
3. The present Letters Patent Appeal has been presented
on 21.12.2024 and was got registered no 26.12.2024.
However, thereafter, it has been kept pending uptil
today on the request made by the learned advocate
appearing for the appellant. On the three dates fixed in
the matter, the instant appeal was adjourned, either on
the request made by the learned counsel for the
appellant or on his sick note or leave note. Today again,
when the matter was taken up, a request made by
Mr.Sunil K. Shah, learned advocate for the appellant to
adjourn the matter, which has been turned down looking
to the fact that a fresh matter has not been argued by
the learned counsel for the appellant for about a period
of four months.
NEUTRAL CITATION
C/LPA/1820/2024 ORDER DATED: 24/04/2025
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4. Be that as it may, on a query made by the Court, the
learned counsel for the appellant would submit that the
statutory appeal filed by the appellant under Section 242
of the Gujarat Gram Panchayat Act, 1993 has already
been decided by the appellate authority and a revision
filed by the appellant is pending before the Additional
District Development Commissioner.
5. Taking note of the above, we dispose of the present
appeal with the observation that it is open for the
appellant to pursue the revision filed by him. As the
order passed by the appellate authority has not been
brought before us, we cannot comment on any of the
observations made in the judgment impugned on the
contention of the learned counsel for the appellant that
they will come in the way of the appellant.
6. The appeal stands disposed of accordingly. Connected
civil application would not survive and stands disposed
of.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
BIJOY B. PILLAI
