Disposed

Dahiben Wd/O Dalpatbhai Ramabhai Parmar, Lh of Decd. Dalpatbhai Ramabhai Parmar v. State of Gujarat

Gujarat HC4 Dec 2020SCA/14745/2020

Case brief

AI extract

What is this about?

Special Civil Application filed seeking writ to quash a revenue order and stay execution. The petitioner requested to withdraw the petition, which the court permitted, disposing of the matter.

What did the court decide?

Petition disposed of as withdrawn; parties directed to pursue the pending civil suit for title determination.

Dahiben Wd/O Dalpatbhai Ramabhai Parmar, Lh of Decd… — Property and Title | Gujarat HC (2020)

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C/SCA/14745/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 14745 of 2020

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DAHIBEN WD/O DALPATBHAI RAMABHAI PARMAR, LH OF DECD. DALPATBHAI RAMABHAI PARMAR

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Versus STATE OF GUJARAT

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Appearance:

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S M KIKANI(7596) for the Petitioner(s) No. 1,2,3,4,5 for the Respondent(s) No.

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10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,31.1, 32,33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,5 4.1,55,56,57,6,6.1,6.2,7,8,9

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MR BHARAT VYAS, AGP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 04/12/2020

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ORAL ORDER

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

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“7. (A) YOUR LORDSHIPS may be pleased to issue appropriate writ order or direction to quash and set aside the impugned order at Annexure-A passed by the Respondent no.1 as being illegal, unjust, arbitrary, discriminatory, without application of mind, contrary to the decision of this Hon’ble Court and violative of Art. 14 & 19(1)(g) of the Constitution of India and thereby be pleased to restored the order passed by respondent no.2 herein cancelling Entry no.7694 and all subsequent entries mutated in the record of rights of subject land, in the interest of justice;

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(B) YOUR LORDSHIPS may be pleased to remand the matter back to the respondent no.1 by quashing and setting aside the order impugned as same is passed against dead person, in the interest of justice;

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(C) YOUR LORDSHIPS may be pleased to stay the implementation, execution and operation of the

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Page 1 of 3

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C/SCA/14745/2020 ORDER

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impugned order passed by the respondent no.1 and further be pleased to direct the respondents to maintain status quo qua revenue record of subject land, pending the admission, hearing and final disposal of this petition in the interest of justice;

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(D) YOUR LORDSHIPS may be pleased to dispense with filing of certified copy of impugned orders as well as other documents at present with a liberty to furnish the same along with hard copies of complete petition as required under the rules once the normal working/functioning of this Hon’ble Court is restored, in the interest of justice and equity.

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(E) YOUR LORDSHIPS may be pleased to grant such other and further relief(s), as are deemed fit, in the interest of justice.

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At the outset after arguing for some time, learned advocate S.M. Kikani for the petitioners has submitted that though the revisional authority has passed an order to the effect that entry in question i.e. 7694 is subject to the outcome of pending suit but has submitted that the petitioners have also filed the Regular Civil Suit No.148 and 149 of 2020 in the Court below referring from page 98 of petition compilation and as such, has requested that the entry in question is no more subject to the outcome of suit, but the same should be construed as subject to the petitioner’s suit as well.

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Be that as it may, these are the revenue proceedings and as such, since the revenue proceedings are not conferring or deciding title issue.

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It is needless to state that entry in question is always subject to the outcome of the suit proceedings, which are filed inter se between the parties. Since the learned advocate is not inviting the order on merit, he under the instructions, seeks permission to withdraw this petition.

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Page 2 of 3

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C/SCA/14745/2020 ORDER

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Permission is granted, the present petition stands disposed of as withdrawn.

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Subject to the outcome of the petition, it is always binding upon the parties to the proceedings and furthermore, in view of present controversy, which has been reflecting, it would be open for the parties to the suit to apply for the expeditious disposal of the pending suit.

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With these observation, the present petition stands disposed of as withdrawn.

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(ASHUTOSH J. SHASTRI, J)

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NAIR SMITA V.

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Page 3 of 3

Dahiben Wd/O Dalpatbhai Ramabhai Parmar, Lh of Decd. Dalpatbhai Ramabhai Parmar v. State of Gujarat

Case brief

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Dahiben Wd/O Dalpatbhai Ramabhai Parmar, Lh of Decd. Dalpatbhai Ramabhai Parmar v. State of Gujarat

Case brief

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