Disposed

State of Gujarat v. Jashwantbhai Narayanbhai Patel

Gujarat HC20 Nov 2018LPA/1414/2018

Case brief

AI extract

What is this about?

The High Court treated this Letters Patent Appeal against an ad-interim order granting relief to execute a quarry lease. Observing that merits should be debated before the Single Judge, the court disposed of the appeal without entering into the merits of the controversy.

What did the court decide?

The Letters Patent Appeal and Civil Application for stay stand disposed of.

State of Gujarat Vs Jashwantbhai Narayanbhai Patel — Land Acquisition | Gujarat HC (2018)

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C/LPA/1414/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/LETTERS PATENT APPEAL NO. 1414 of 2018

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In SPECIAL CIVIL APPLICATION NO. 22858 of 2017

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With

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CIVIL APPLICATION NO. 2 of 2018

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STATE OF GUJARAT

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Versus JASHWANTBHAI NARAYANBHAI PATEL

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==========================================================

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Appearance:

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MR CHINTAN DAVE, ASSTT. GOVERNMENT PLEADER(1) for the APPELLANT(s) MR SIDDHARTH H DAVE(5306) for the RESPONDENT(s)

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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE

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and HONOURABLE MR.JUSTICE BIREN VAISHNAV

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Date : 20/11/2018

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ORAL ORDER

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(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE)

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Heard learned advocates for the respective parties.

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Considering the nature of challenge in this appeal,

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namely, the order dated 08.03.2018 passed by the learned Single Judge in Special Civil Application No.22858 of 2017, whereby, ad-interim relief was granted in terms of Paragraph 8(c) of the petition, whereby, the concerned District Collector

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Page 1 of 3

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C/LPA/1414/2018 ORDER

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was directed to execute quarry lease agreement in favour of the original writ petitioner, one of the grounds of challenge and sole submission made on behalf of the petitioner was that the order of revocation of the earlier order was in absence of any power of review or recall by the Collector, and the said authority, being a quasi-judicial authority, cannot take such decision. Learned Assistant Government Pleader appearing for the original respondent was unable to point out any sound justification for revocation of the earlier order passed by the same authority.

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Be that as it may, at this stage, we are concerned with nature of ad-interim relief granted by learned Single Judge and this Letters Patent Appeal is against the interlocutory order and that too, against ad-interim relief granted by learned Single Judge. Hence, keeping it open for the parties to make their submissions on merits of the case before the learned Single Judge, we are inclined to dispose of this appeal accordingly.

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It is made clear that we have not entered into merits of any contention of either of the parties.

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Page 2 of 3

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C/LPA/1414/2018 ORDER

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The Letters Patent Appeal and Civil Application for stay

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stand disposed of accordingly.

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(ANANT S. DAVE, ACJ)

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(BIREN VAISHNAV, J)

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sunil

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Page 3 of 3

State of Gujarat v. Jashwantbhai Narayanbhai Patel

Case brief

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State of Gujarat v. Jashwantbhai Narayanbhai Patel

Case brief

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