Gujarat High Court
Deceased Parshottamdas Manilal Patel vs Special Land Acquisition Officer on 9 October, 2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4463 of 2014
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DECEASED PARSHOTTAMDAS MANILAL PATEL & ORS.
Versus
SPECIAL LAND ACQUISITION OFFICER & ORS.
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Appearance:
MR SHITAL R PATEL(2166) for the Petitioner(s) No. 1,1.1,1.2,1.3,1.4
DECEASED LITIGANT THROUGH LEGAL HEIRS/ REPRESTENTATIVES
for the Respondent(s) No. 3
MR TEJAS P SATTA(3149) for the Respondent(s) No. 3.1,3.2,3.3,3.4,4
MR SHAILESH DESAI, AGP for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 09/10/2025
ORAL ORDER
1. Heard learned advocate Mr. Shital R. Patel for the
petitioners and learned advocate Mr. Tejas P. Satta for
respondents No.3.1 to 4 and learned Assistant Government
Pleader Mr. Shailesh Desai for respondents No.1 and 2.
2. Rule returnable forthwith. Learned advocate Mr. Tejas
Satta and learned Assistant Government Pleader Mr.
Shailesh Desai waive service of notice of rule on behalf of
their respective respondents.
3. The present writ application is filed under Article 227 of
the Constitution of India seeking following relief :-
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"(a) To quash and set aside the impugned order dated 31.01.2014
(at Annexure-A) passed by the Principal Senior Civil Judge, Mehsana
at Exh.13 in C.M.A.No. 201 of 2013 in L.A.R No. 5398 of 2013.
(b) During the pendency of admission hearing and final disposal of
this petition, be pleased to stay the further implementation, operation
and execution of the impugned order dated 31.01.2014 (at Annexure-
A) passed by the Principal Senior Civil Judge, Mehsana at Exh.13 in
C.M.A.No. 201 of 2013 in L.A.R NO. 5398 of 2013
(c) Permit the petitioners to withdraw the amount as permitted by
this Hon'ble Court under order dated 13.02.2012 passed in Civil
Application No.10511 of 2011 in F.A.No. 1882 of 2009."
4. After arguing for some time, in the midst of the
argument, learned advocate Mr. Satta requests for some
time to take appropriate instruction in the matter.
5. Upon the instruction of his client, learned advocate Mr.
Satta makes a conscious statement that respondent Nos. 3.1
to 4 herein would not press their application being CMA No.
201 of 2013 filed in Land Acquisition Reference No. 5398 of
2003 and seeks permission of this Court to allow them to
withdraw it. Likewise, learned advocate Mr. Satta, upon
instruction, further states that any objection so filed by
respondent Nos. 3.1 to 4 on 27.07.2011 in the mater would
also not pressed by them.
5.1 Nonetheless, learned advocate Mr. Satta seeks liberty
of this Court to file an appropriate legal proceedings against
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the petitioner herein in relation to their right to get awarded
amount in view of the acquisition proceedings of subject
matter of land.
6. Per contra, learned advocate Mr. Shittal Patel for the
petitioners states that he would have no objection sofar as
withdrawal of impugned application and so also objection
made by respondents No. 3.1 to 4 on 27.07.2011 before the
Reference Court. Asfar as institution of any fresh legal
proceeding at the instance of respondents No. 3.1 to 4
against the petitioners is concerned, rights and contentions
of the petitioners may be kept open and the same may be
decided by the Court concerned in accordance with law.
7. Learned Assistant Government Pleader Mr. Shailesh
Desai would states that compensation amount is already
deposited pursuance to the award and as such respondents
No. 1 and 2 have no direct say in the matter.
8. Having heard learned advocates for the respective
parties and considering the request made by the learned
advocate Mr. Satta for the respondents No.3.1 to 4, it
appears reasonable, requires acceptance. The respondents
No.3.1 to 4 herein are permitted to withdraw the impugned
application being CMA No. 201 of 2013 filed in LAR No. 5398
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of 2003 as well as their objections filed on 27.07.2011
(Annexure-E), with a liberty to file an appropriate legal
proceedings before appropriate Court of law in regards to
that claim made in the impugned application including right
to claim/ get awarded amount pursuance to the judgment
and award passed by the Reference Court on 28.09.2007 in
LAR No. 5398 of 2003.
9. As and when such a legal proceeding will be instituted
by the respondents No.3.1 to 4 herein, the same may be
decided by the Court concerned in accordance with law. It
goes without saying that this Court has neither gone into nor
examined the merit of the matter, thereby, rights and
contentions of the respective parties are hereby kept open,
which may be decided in appropriate legal proceedings so
instituted by the respondents No.3.1 to 4.
10. In view of the aforesaid and reserving liberty in favour
of respondents No. 3.1 to 4 as granted hereinabove, the
present writ application requires to be partly allowed, which
is hereby partly allowed. Inasmuch as the impugned order
dated 31.01.2014 passed by the Principal Senior Civil Judge,
Mehsana in CMA No. 201 of 2013 in LAR No. 5398 of 2003 is
hereby quashed and set aside as respondents No.3.1 to 4
would not press the impugned application being CMA No.
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201 of 2023. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(MAULIK J.SHELAT,J)
SALIM/
