Disposed

Pravinsinh Modbhai Gadhvi v. State of Gujarat

Gujarat HC4 Sept 2019WPPIL/152/2019

Case brief

AI extract

What is this about?

The HC at Ahmedabad dismissed a PIL challenging a Collector's order regarding land delimitation. The Court held the matter is better addressed before authorities and granted liberty to petitioner to approach state authorities.

What did the court decide?

Liberty granted to the petitioner and all concerned villagers to approach the concerned authority regarding the earlier and subsequent orders.

Pravinsinh Modbhai Gadhvi Vs State of Gujarat — Land Acquisition | Gujarat HC (2019)

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C/WPPIL/152/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/WRIT PETITION (PIL) NO. 152 of 2019

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============================================= PRAVINSINH MODBHAI GADHVI

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Versus STATE OF GUJARAT

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

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Appearance: MR DIPEN K DAVE(3296) for the Applicant for the Opponent Nos. 1, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 2, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 3, 30, 31, 32, 33, 34, 35, 36, 37, 38, 4, 5, 6, 7, 8, 9

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

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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT and HONOURABLE DR.JUSTICE A. P. THAKER

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Date : 04/09/2019

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ORAL ORDER

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(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)

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Learned counsel appearing for the petitioner invited Court's attention to the order under which the land in question was earmarked as a Gamtal i.e. order dated 05.01.1983. Unfortunately, it is submitted that subsequently at the behest of some few interested party the part of the land was converted by revoking the earlier order and petitioner has joined, likely to be affected party, on account of the present petition.

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We are of the prima facie opinion that the order of the Collector is amenable to be challenged before the appropriate authority and when few private persons who have been joined as respondents also will have right to defend the order passed in their favour by the Collector.

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Page 1 of 2

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C/WPPIL/152/2019 ORDER

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In that view of the matter, at this stage, it would be rather not in the interest of justice to entertain this Public Interest Litigation.

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At this stage, learned advocate for the petitioner submitted that the petitioner be given liberty to approach the state authorities with appropriate prayer pointing out the illegality committed by the concerned Collector in passing the order.

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The said request deserves to be accepted, as in case, if there is a blatant illegality the same needs to be brought to the appropriate authority concerned as in the Public Interest Litigation, at this stage, this Court is not inclined to go into and make further probes. The request is accepted. The Public Interest Litigation is disposed of with liberty to the petitioner and all the concerned villagers to do the needful for approaching the concerned authority in respect of the earlier order and the subsequent order.

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(S.R.BRAHMBHATT, J.)

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(A. P. THAKER, J.)

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Pankaj

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Page 2 of 2

Pravinsinh Modbhai Gadhvi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Pravinsinh Modbhai Gadhvi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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