Disposed

Shree Manohar Nathji Maharaj Akhada Trust v. State of Gujarat

Gujarat HC1 Jul 2021LPA/989/2016

Case brief

AI extract

What is this about?

The High Court dismissed the Letters Patent Appeal which was withdrawn by the appellant. Permission was granted to institute a civil suit in the competent court for determination of title, provided it is filed within two months.

What did the court decide?

Permission to file/institute a civil suit in the competent Civil Court within two months with liberty to apply for condonation of delay.

Shree Manohar Nathji Maharaj Akhada Trust Vs State of… — Property and Title | Gujarat HC (2021)

¶1

C/LPA/989/2016 ORDER DATED: 01/07/2021

¶2

SHREE MANOHAR NATHJI MAHARAJ AKHADA TRUST Vs. STATE OF GUJARAT & 2 other(s)

¶3

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶4

R/LETTERS PATENT APPEAL NO. 989 of 2016 In

¶5

R/SPECIAL CIVIL APPLICATION NO. 12988 of 2016

¶6

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

¶7

SHREE MANOHAR NATHJI MAHARAJ AKHADA TRUST Versus

¶8

STATE OF GUJARAT & 2 other(s)

¶9

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

¶10

Appearance:

¶11

MR. VIJAY PATE, LD.ADVOCATE FOR HL PATEL ADVOCATES(2034) for the Appellant(s) No. 1

¶12

MR. KRUTIK PARIKH, AGP (99) for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 1,2,3

¶13

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

¶14

CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI

¶15

and HONOURABLE MR. JUSTICE B.N. KARIA

¶16

Date : 01/07/2021

¶17

ORAL ORDER (PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

¶18

This Letters Patent Appeal is directed against the order dated 11.8.2016 passed by the learned Single Judge dismissing Special Civil Application No. 12988 of 2016. The operative part of the order of the learned Single Judge is quoted below for the ready reference:

¶19

“5. As could be seen from the background of the facts, though the petitioner has been claiming that the land belongs to the petitioner Trust, in fact, as the record shows, it has been declared as a forest land, and the forest settlement report, which has been referred to, mention about the fact that even on 13.7.1981, the receipt was passed that the land has been declared as reserved forest under the Forest Act and the land was transferred and shifted from the revenue to forest department. However, the petitioner or the predecessor Mahant of the Akhada had preferred some appeal,

¶20

Page 1 of 3

¶21

C/LPA/989/2016 ORDER DATED: 01/07/2021

¶22

SHREE MANOHAR NATHJI MAHARAJ AKHADA TRUST Vs. STATE OF GUJARAT & 2 other(s)

¶23

which is also recorded. Thus, to the knowledge of the petitioner, the land has been throughout considered as a forest land, and mere claim on the basis of some entry in the village form 7 would not justify acceptance of the claim over the land and challenge to the notification of the government declaring it as a forest land, which is, in fact, a forest land declared and vested in the forest department decades back. Learned Advocate Shri Patel has not been able to show any documentary evidence with regard to the right or the title over the land, and in the absence of any justification or explanation with regard to the right or the title as regards the land in question, such a prayer for setting aside the Notification at Annexure-F, cannot be accepted.

¶24

One more aspect, which is required to be considered is that what has been declared pursuant to the Notification dated 20.5.1985 and 18.9.1986 at Annexure-F is sought to be challenged in the year 2016, which cannot be permitted. Therefore, the prayers as prayed for cannot be granted in exercise of discretion under Article 226 of the Constitution of India. The present petition therefore deserve to be dismissed and accordingly stands dismissed in limine.

¶25

Learned Counsel Mr.Vijay Patel appearing for the Appellant fairly submits that the issue raised in the present Letters Patent Appeal can better be adjudicated by the learned Trial Court in a properly instituted Civil Suit and that may be permitted to be filed by the Appellant even now and the trial Court may be requested to consider the delay condonation application sympathetically in accordance with law.

¶26

Learned Assistant Government Pleader does not object to the withdrawal of the Letters Patent Appeal as well as writ petition with

¶27

Page 2 of 3

¶28

C/LPA/989/2016 ORDER DATED: 01/07/2021

¶29

SHREE MANOHAR NATHJI MAHARAJ AKHADA TRUST Vs. STATE OF GUJARAT & 2 other(s)

¶30

a liberty to the Appellant-Petitioner to file/ institute the Civil Suit properly in the competent Civil Court.

¶31

The permission is accordingly granted.

¶32

Present Letters Patent Appeal is dismissed as withdrawn by setting aside the order passed by the learned Single Judge on 11.8.2016 in Special Civil Application No.12988 of 2016. The Appellant -Petitioner is permitted to file/institute the Civil Suit in the competent Civil Court properly with the application for condonation of delay in terms of Article 14 of the Limitation Act.

¶33

If such a Civil Suit is filed within a period of 2( two) months from today, the learned trial Court may decide the delay condonation application in accordance with law taking a sympathetic view of the matter that the Appellant -Petitioner has pursued the writ jurisdiction and with a liberty to file Civil Suit, as withdrawn the same from this Court.

¶34

With these observations, this Letters Patent Appeal stands disposed of.

¶35

(DR. VINEET KOTHARI,J)

¶36

(B.N. KARIA, J)

¶37

BEENA SHAH

¶38

Page 3 of 3

Shree Manohar Nathji Maharaj Akhada Trust v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Shree Manohar Nathji Maharaj Akhada Trust v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bavabhai Tapubhai Patel Vs State of Gujarat

Dakshin Gujarat Vij Company Limited Vs Land Mark Corporation

Biharidan Jivabhai Gadhvi Vs State of Gujarat

Kaveri Hotels Private Limited - Presently Known as Chouki Vs Intellectual Property Appellate Board

Umesh Ved Resolution Professional of Shree Ram Cement Limited Vs State of Gujarat Notice Served Thro Collector Banaskantha

Jamnagar Municipal Corporation Vs Shri 5 Navtanpuri Dham Khijada Mandir Trust