Gujarat High Court
Koradiya Pankajben Naranbhai vs District Collector on 6 May, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/41/2022 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 41 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 5649 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 41 of 2022
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KORADIYA PANKAJBEN NARANBHAI
Versus
DISTRICT COLLECTOR & ORS.
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Appearance:
MR MEHUL SHARAD SHAH(773) for the Appellant(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 3
MS. HETAL PATEL, AGP for the Respondent(s) No. 1&2
UNSERVED EXPIRED (N) for the Respondent(s) No. 4
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 06/05/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
Heard the learned counsel for the appellant and perused the
record.
2. The present appeal is directed against the judgment and order
dated 24.12.2021 passed by the learned single Judge in disposing of
the writ petition in Special Civil Application No. 5649 of 2019,
whereby the petitioner sought to challenge the order dated
19.02.2019 passed by the Collector under Section 6B of the Gujarat
Town Planning and Urban Development Act, 1976 to cancel the
development permission dated 26.03.2018. The learned single
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C/LPA/41/2022 ORDER DATED: 06/05/2025
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Judge while disposing of the writ petition has observed that the
order dated 19.02.2019 of cancellation of the development
permission records that the proceedings under Section 37(2) of the
Gujarat Land Revenue Code, 1879 are pending before the Deputy
Collector, Palanpur and because of the pendency of the writ
petition, the said proceedings could not be proceeded with. While
issuing directions to the Deputy Collector to decide the proceedings
under Section 37(2) of the Gujarat Land Revenue Code, 1879, it
was observed that till the final decision is taken, the interim relief
granted by this Court vide order dated 18.03.2019 directing the
parties to maintain the status quo with regard to property-in-
question shall continue to remain in operation. It was further
observed :-
"It shall be open for the petitioner to take all the contentions
before the authority before which such proceedings are pending
including the question of limitation. Further, since the petition has
been pending for the last five years and remand proceedings are
pursuant to order dated 16.02.2003, it shall also be open for the
petitioner to file additional reply and annex necessary documents
within a period of two weeks from today. Petition is accordingly
disposed of. Direct service is permitted."
3. We may further record that after disposal of the writ petition
vide judgment and order dated 24.12.2021, the petitioner herein has
filed another writ petition namely Special Civil Application No. 644
of 2022, wherein the relief was sought to quash the notice dated
11.03.2019 issued by the Deputy Collector under Section 37(2) of
the Land Revenue Code, as also the order dated 06.06.2023 passed
in Appeal No. 6/2002 by the District Collector, Banaskantha with
the further prayer that both the orders are required to be set aside
being without jurisdiction and the order dated 18.08.1981 passed in
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C/LPA/41/2022 ORDER DATED: 06/05/2025
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CTS Appeal No. 15/1981 by the Deputy Collector, Palanpur is liable
to be restored.
4. We may record that the petitioner of the writ petition,
namely Special Civil Application No. 644 of 2022, is the appellant
herein and she has submitted in the aforesaid writ petition that she
was not party to the Appeal No. 06/2002 decided by the Collector
on 06.06.2003, but was a subsequent purchaser and she has
received notice issued by the Deputy Collector under Section 37(2)
of the Gujarat Land Revenue Code.
5. Noticing the above, we have summoned the record of the
Special Civil Application No. 644 of 2022, which discloses that the
factum of passing the order dated 24.12.2021 passed by the co-
ordinate Bench was brought to the notice of the learned single
Judge.
6. Be that as it may, by order dated 17.01.2022, the learned
single Judge has stayed the further proceedings pursuant to the
notices dated 11.03.2019 issued under Section 37(2) of the Gujarat
Land Revenue Code, 1879.
7. Having noticed the observations made in the judgment and
order dated 24.12.2021 subject matter of challenge herein that the
development permission dated 26.03.2018 was cancelled by the
Collector, Banaskantha vide order dated 19.02.2019 noticing that
the proceedings under Section 37(2) of the Gujarat Land Revenue
Code was pending before the Deputy Collector, Palanpur after
remand made by order dated 06.06.2003 passed by the District
Collector, Banaskantha in Appeal No. 06/2002 and the notice under
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Section 37(2) was issued by the Deputy Collector on 11.03.2019, we
are of the considered view that any issue pertaining to the
proceedings under Section 37(2) and the validity of the order dated
06.06.2023 passed in Appeal No. 06/2002 still have a bearing on
the development permission granted to the petitioner on 26.03.2018,
which was later cancelled by the Collector vide order dated
19.02.2019 because of the pending proceedings after remand before
the Deputy Collector under Section 37(2) of the Gujarat Land
Revenue Code.
8. The crux of the matter is that there is a dispute about the
title of the petitioner over the land-in-question, over which the
development permission dated 26.03.2018 was granted and the
inquiry into the same is pending consideration before the learned
single Judge in the Special Civil Application No. 644 of 2022,
which was filed by the petitioner after disposal of the writ petition
vide judgment and order dated 24.12.2021, subject matter of
challenge herein. The result is that the proceedings under Section
37(2) of the Gujarat Land Revenue Code would guide the decision
for grant of development permission on 26.03.2018
9. With the above, we do not find any error in the order of the
learned single Judge in dismissing of the writ petition with the
observations that the proceedings under Section 37(2) of the Gujarat
Land Revenue Code shall be brought to its logical end and the
petitioner will be free to file reply therein. We, therefore, do not
find it a fit case to interfere. The appeal stands dismissed,
accordingly.
10. It is, however, clarified that the dismissal of the writ petition
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vide judgment and order impugned dated 24.12.2021 by the learned
single Judge or this appeal or any observations in both the orders
of dismissal will not come in the way of the petitioner in the
pending proceedings namely the Special Civil Application No. 644
of 2022 or the proceedings before the Deputy Collector pursuant to
the notice dated 11.03.2019. The writ court and the competent
authority shall be free to decide the dispute before them without
being influenced by the observations made herein or by the writ
court.
11. The Civil Application for stay stands disposed of.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
C.M. JOSHI
