Dismissed

Harjibhai Dosabhai Makwana v. State of Gujarat

Gujarat HC11 Jul 2018MCA/800/2018

Case brief

AI extract

What is this about?

This is an oral order dismissing a contempt application alleging violation of a prior direction to allot land. The court held that as a related petiion for status quo on the same survey number is pending, no further action is warranted. A liberty of revival was granted pending the outcome of the related petition.

What did the court decide?

Application disposed of granting liberty of revival after the disposal of Special Civil Application No.9037 of 2018.

Harjibhai Dosabhai Makwana Vs State of Gujarat — Land Acquisition | Gujarat HC (2018)

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C/MCA/800/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/MISC. CIVIL APPLICATION NO. 800 of 2018

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HARJIBHAI DOSABHAI MAKWANA

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Versus
STATE OF GUJARAT

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

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Appearance:

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MR RM PARMAR(591) for the PETITIONER(s) No.1-18
 for the RESPONDENT(s) No. 5

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MR DM DEVNANI, AGP for the RESPONDENT(s) No. 1,2,3,4

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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 : 11/07/2018 ORAL ORDER

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

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1.This Misc. Civil Application is filed under
the provisions of the Contempt of Courts Act,
1973, alleging that the respondents have violated
the directions issued in the order dated
26.12.2017 passed in Special Civil Application
No.5385 of 2016.

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2.The issue in Special Civil Application was

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with regard to action of the respondent
authorities in not allotting the land to the
petitioners as per the policy of the Government,
more particularly, Government waste land on
Sathani basis situated at village Shivrajgadh,
Taluka Gondal, District Rajkot.

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3.A set of papers is served on learned

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Page 1 of 2

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C/MCA/800/2018 ORDER

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Assistant Government Pleader. Reply affidavit is
filed on behalf of respondent No. 3. The Deputy
Collector, Taluka Gondal, in his affidavit, while
denying the allegations, has stated that there is
a petition filed before this Court in Special
Civil Application No.9037 of 2018 which is
involving the very same land covered by Survey
No.713 part situated at village Shivrajgadh, in
which, status quo was granted by this Court by
order dated 19.06.2018.

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4.It is true that the order of this Court is
dated 26.12.2017. There was some delay in
implementing the orders but having regard to the
status quo order passed by this Court in Special
Civil Application No.9037 of 2018, which is
pending consideration, no further steps can be
taken. In that view of the matter, we are of the
view that this is not a fit case to proceed
further under the provisions of the Contempt of
Courts Act. Accordingly, the application is
disposed of granting liberty of revival after the
disposal of the petition pending in Special Civil
Application No.9037 of 2018.

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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 2 of 2

Harjibhai Dosabhai Makwana v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Harjibhai Dosabhai Makwana v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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