Disposed

Rekha Subhash Sagar v. State of Gujarat

Gujarat HC5 Jul 2018LPA/773/2018

Case brief

AI extract

What is this about?

Letters Patent Appeal challenging an order refusing interim relief in a writ petition regarding Non-Agricultural land permission. The High Court disposed of the appeal and underlying special civil application as admitted services were provided, asking the lower court to expedite the main petition.

What did the court decide?

The Letters Patent Appeal was disposed of. The underlying Special Civil Application was also disposed of. Leave granted for expeditious hearing.

Rekha Subhash Sagar Vs State of Gujarat — Land Acquisition | Gujarat HC (2018)

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C/LPA/773/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/LETTERS PATENT APPEAL NO. 773 of 2018

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In SPECIAL CIVIL APPLICATION NO. 18381 of 2017

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With

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CIVIL APPLICATION NO. 1 of 2018

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

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REKHA SUBHASH SAGAR

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Versus

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STATE OF GUJARAT

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

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Appearance:

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MR PARTHIV B SHAH(2678) for the PETITIONER(s) No.
1,2,3,4,5,6,7,8

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 for the RESPONDENT(s) No. 2

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GOVERNMENT PLEADER(1) for the RESPONDENT(s) No. 1

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

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
and

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HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

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Date : 05/07/2018

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ORAL ORDER

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 (PER :HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)

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1.This Letters Patent Appeal is filed by the
original petitioners in Special Civil Application
No.18381 of 2017 aggrieved by the order dated
28.02.2018.

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2. The order dated 28.02.2018 reads as under:

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“Rule. As requested for expediting is
matter, expedited.

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Interim relief is refused as it would
amount to granting of the main petition.”

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3. The Special Civil Application is filed with

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Page 1 of 3

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C/LPA/773/2018 ORDER

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the prayers which read as under:

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“(A)YOUR LORDSHIPS be pleased to allow
this petition in the interest of justice;

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(B)YOUR LORDSHIPS be pleased to issue
appropriate writ, order or direction,
holding that the NA permission for
residential use in respect of the subject
land (i.e. Survey no.18 paiki, 19 paiki,
33 paiki, 34 paiki and 35 paiki
admeasuring 1,12,653 sq. meters situated
at Village Sayajipura) is deemed to have
been granted as the applications of
petitioners are not decided within the
period prescribed under the law;

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(C)Pending the admission, hearing and
final disposal of this petition, YOUR
LORDSHIPS be pleased to issue appropriate
writ, order or direction, directing the
respondent no.2 to forthwith permit the
petitioners to use the subject land for
residential purpose by modifying/deleting
condition No.6 imposed vide order dated
05.07.1997, in the interest of justice.

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(D)YOUR LORDSHIPS be pleased to grant
such other and further reliefs as may be
deemed proper by this Hon’ble Court;”

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4.Although it is contended by learned counsel
for the appellant that as much as there is no
refusal of his request for relaxing the condition
No.6 imposed in the proceedings dated 05.09.1997
within a period of 90 days, as such, he is
entitled to use the land in question for
residential use, however, we are not persuaded to

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Page 2 of 3

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C/LPA/773/2018 ORDER

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accept his contention having regard to the fact
that such deemed declaration is to be sought by
way of main relief in the petition. At the same
time, learned Assistant Government Pleader has
assured to file reply affidavit in Special Civil
Application No.18381 of 2017 within a period of
four weeks from today. Further, we also permit
the appellant to file an appropriate application
for expeditious hearing of special civil
application itself. When such an application is
filed, we request the learned Single Judge to
consider such request and dispose of the matter
as expeditiously as possible.

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4.Subject to above, Letters Patent Appeal is
disposed of. Consequently, civil application also
stands disposed of.

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(R.SUBHASH REDDY, CJ)

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(VIPUL M. PANCHOLI, J)

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Jani

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Page 3 of 3

Rekha Subhash Sagar v. State of Gujarat

Case brief

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Rekha Subhash Sagar v. State of Gujarat

Case brief

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