The High Court of Gujarat directed the Mamlatdar to hear the petitioners regarding a notice dated 21.05.2018 because the petitioners received the notice after the scheduled hearing date. The court ordered a hearing on 15.06.2018.
Mamlatdar-Kheralu directed to hear petitioners on 15.06.2018 regarding the notice dated 21.05.2018.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/8609/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8609 of 2018
==========================================================
THAKORE LAXMANJI RANCHHODJI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR KETAN I ACHARYA(2415) for the PETITIONER(s) No. 1,2,3,4 MR.KANDARP D ACHARYA(2623) for the PETITIONER(s) No. 1,2,3,4 for the RESPONDENT(s) No. 2,3 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the RESPONDENT(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 08/06/2018
ORAL ORDER
1.The present petition has been filed
contending that the impugned notice dated
21.05.2018 issued by the Mamlatdar - Kheralu,
fixing hearing with regard to the subject matter
of Special Civil Application No. 812 of 2015 was
to be held on 29.05.2018. It is the case of the
petitioners that the notice was received by the
petitioners on 30.05.2018, after the date of
hearing had gone. It is therefore, their case
that they could not remain present before
Mamlatdar on the date of hearing. They went to
the office of the Mamlatdar on 31.05.2018. It is
their case that the Mamlatdar would pass an
order, pursuant to the direction given on
10.04.2018, without hearing the petition.
Page 1 of 3
C/SCA/8609/2018 ORDER
2.In view of the fact that the petitioners
received the notice dated 21.05.2018 on
30.05.2018 after the hearing date i.e 29.05.2018,
Mamlatdar-Kheralu, respondent No.3 is directed to
hear the petitioners, with regard to the subject
notice dated 21.05.2018.
3.Learned Counsel Mr. Ketan Aacharya states
that the petitioners shall remain present before
the Mamlatdar on 15.06.2018 and will not ask for
any adjournment. The Mamlatdar shall, pursuant to
the notice dated 21.05.2018, hear the petitioners
on 15.06.2018 and pass an order in accordance
with law. The subsequent event after passing of
such order shall be governed by the directions
issued by this Court in Civil Application No. 1
of 2018 in Special Civil Application No. 812 of
2018 vide order dated 10.04.2018. For the sake of
brevity, directions so issued by this Court in
its order dated 10.04.2018, particularly para 4
thereof is reproduced as under:-
“The respondent No.2-Mamlatdar shall
pass afresh reasoned order after giving
reasonable opportunity of being heard to
the applicant. The respondent No.2 shall
also permit the applicant to file
detailed rely and also relevant
documents in response to Notice under
Section 61 of the Gujarat Land Revenue
Code received by the applicant. In the
event of passing any adverse order, the
same shall be communicated to the
applicant and the same shall not be
implemented for a period of two weeks
Page 2 of 3
C/SCA/8609/2018 ORDER
enabling the applicant to approach the
appropriate forum.”
4.In view of the aforesaid direction, the
petition is disposed of accordingly. This court
has passed an order without going in to the
merits of the case. Direct service is permitted
today.
(BIREN VAISHNAV, J)
N.V.MEWADA
Page 3 of 3
2 issues framed by the court
Whether the petitioners are entitled to a fresh hearing after receiving the notice after the scheduled hearing date.
Whether the Mamlatdar should pass an order without hearing the petitioners. Expert can assured to be heard on a separate date.
1 provisions across 1 enactments
Thakore Laxmanji Ranchhodji
State of Gujarat
Mamlatdar-Kheralu
Biren Vaishnav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court