Gujarat High Court
Deputy Executive Engineer vs Devshibhai Khodabhai Mugalpara on 25 August, 2025
NEUTRAL CITATION
C/CA/1179/2025 ORDER DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR LEAVE TO APPEAL) NO. 1179 of 2025
In F/FIRST APPEAL NO. 23744 of 2024
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DEPUTY EXECUTIVE ENGINEER
Versus
DEVSHIBHAI KHODABHAI MUGALPARA & ORS.
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Appearance:
MS SEJAL K MANDAVIA(436) for the Applicant(s) No. 1
MR RAHUL DAVE, AGP for the Respondent(s) No. 2,3
MR TEJAS P SATTA(3149) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 25/08/2025
ORAL ORDER
1. This is the application seeking leave to challenge the judgment
and order dated 30.1.2020 passed in Land Reference Case No.6
of 1999 by learned Principal Senior Civil Judge, Amreli.
2. Heard learned advocate Ms. Sejal Mandavia for applicants and
respective learned Assistant Government Pleader Mr. Rahul
Dave for the respondent Nos.2 and 3 as well as learned
advocate Mr. Tejas Satta for respondent No.1. Perused the
record.
3. The submission of learned advocate for the applicants is that
the present applicants had made a proposal to acquire the land
in constructing the Amreli Rangpur Road. The learned Collector
acquired the land and passed the award which was challenged
by the original claimant. The learned Reference Court vide
order dated 30.1.2020, however, the applicants were not aware
NEUTRAL CITATION
C/CA/1179/2025 ORDER DATED: 25/08/2025
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about the passing of the order because the present applicants
were not joined in the proceedings. Thereafter, the original
claimants while filed Execution Application No.16 of 2023
before the learned 2nd Additional Chief Judicial Magistrate,
Amreli. It is submitted that the said execution application came
to be dismissed on 19.10.2023 by observing that since the
acquiring body i.e. the present applicants are not parties to the
main proceedings, the execution proceeding is not
maintainable against the present applicants. Thereafter, by a
communication dated 16.10.2023 issued by the learned Deputy
Collector, Amreli, the present applicants came to know about
the proceedings and the order being passed on 30.1.2020.
Upon receipt of the said communication, the applicants came
to know that about the proceedings of the order being passed
under the land reference cases. It is submitted that the present
applicants are aggrieved party. Upon receipt of the said
communication, the appropriate steps were taken by the
concerned department of the applicants and decision was taken
to challenge the impugned judgment and award. It is submitted
that if the applicants are not permitted to file appeals
challenging the judgment and award dated 30.1.2020, the
applicants being the acquiring body would suffer great loss.
Without opportunity of being heard given to the applicants, the
impugned judgment and award is passed.
4. Having considered the averments made in the application and
the submissions canvassed by the learned advocate for the
applicants, it transpires that the learned Reference Court has
passed judgment and decree dated 30.1.2020 passed in Land
NEUTRAL CITATION
C/CA/1179/2025 ORDER DATED: 25/08/2025
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Reference Case No.6 of 1999 by learned Principal Senior Civil
Judge, Amreli and, thereafter, the Execution Application No.16
of 2023 came to be filed by the original claimant which came to
be dismissed on 19.10.2023 by observing that since the present
applicant being acquiring body was not made a party in the
proceedings, the execution application is not maintainable and
the same was dismissed. Since the present applicants are
necessary party and he is directly aggrieved by the impugned
judgment and award, present application deserves to be
allowed and the Civil Application is hereby allowed.
5. Direct Service is permitted. No order as to costs.
(D. M. DESAI,J)
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