Dismissed

Bhaveshkumar Sumitrarai Dave v. State of Gujarat

Gujarat HC21 Dec 2020SCA/13594/2020

Case brief

AI extract

What is this about?

In this oral order, the petitioner sought to withdraw a writ petition under Article 226 challenging a revenue order. The Court permitted withdrawal to approach revenue authorities via alternative remedy and expressed no opinion on the petition's merits.

What did the court decide?

Petitioners permitted to withdraw the petition to approach revenue authorities; operation of impugned order stayed during final disposal of alternative remedies.

Bhaveshkumar Sumitrarai Dave Vs State of Gujarat — Writ and Judicial Review | Gujarat HC (2020)

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C/SCA/13594/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 13594 of 2020

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BHAVESHKUMAR SUMITRARAI DAVE

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Versus STATE OF GUJARAT

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Appearance:

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MALAY A DANGE(10127) for the Petitioner(s) No. 1,2,3,4,5 for the Respondent(s) No. 2,3,4,5,6 MS MEGHA CHITALIYA, AGP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 21/12/2020

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ORAL ORDER

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The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs :

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“A. LORDSHIP may be pleased to admit and allow the present Petition;

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B. LORDSHIP may be pleased to issue a writ of certiorari, or an order or direction in the nature of certiorari to quash and set aside the order dtd. 31.12.2019 passed by the Ld. Collector, Amreli in Petition no. C.JMN/2/Entry Revision Case no. 24/19 may be;

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C. LORDSHIP may be pleased to issue a writ of prohibition or any order or direction in the nature of prohibition restraining the Respondents nos. 5 and 6 from taking any action against the Petitioners pursuant to the notices dtd. 13.02.2020 and 19.03.2020,

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D. Pending final adjudication of the present Petition, the operation of the impugned order dtd. 31.12.2019 passed by the Ld. Collector, Amreli in Petition no.CJMN/2/Entry Revision Case no. 24/19 may be stayed until final disposal of the present Petition;

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Page 1 of 3

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C/SCA/13594/2020 ORDER

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E. Pending final adjudication of the present Petition, further action on basis of the notices dtd. 13.02.2020 and 19.03.2020 issued by the Respondents nos. 5 and 6 respectively may be stayed;

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F. Ex-parte ad-interim relief as per para C and D above may be granted;

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G. Any other relief to which the Petitioners are entitled, and which the facts and circumstances of the present case merit may be granted.”

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During the course of hearing, it was pointed out by Ms.Megha Chitaliya, learned Assistant Government Pleader that against this impugned order, there is a specific statutory remedy available to approach the revenue authorities by the petitioner and that being the position, Mr.Malay Dange, learned advocate for the petitioners, has candidly requested the Court to permit the petitioners to withdraw the petition, without expressing any opinion on merit with regard to any of the contentions.

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In view of this submission, the petitioners are permitted to withdraw this petition with a view to approach the revenue authorities as permissible under the law by way of an alternative remedy.

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It is made clear that this Court has not expressed any opinion on merit with regard to any of the contentions raised in the petition. It would be open for the petitioners to raise all possible contentions in accordance with law before the revenue authorities where the petitioners are inclined to approach.

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With aforesaid observations, the present petition stands disposed of as withdrawn.

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Page 2 of 3

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C/SCA/13594/2020 ORDER

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(ASHUTOSH J. SHASTRI, J)

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NAIR SMITA V.

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Page 3 of 3

Bhaveshkumar Sumitrarai Dave v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Bhaveshkumar Sumitrarai Dave v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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