Disposed

Decd. Dhurabhai Motibhai Patel through Lhrs v. Decd. Girishchandra Nageshwar Trivedi

Gujarat HC28 Jul 2021SCA/8887/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat dismissed a special civil application filed for a stay on an order by the Deputy Collector remanding a land record matter to the Mamlatdar. The court held that the petitioners should approach the Mamlatdar separately for a stay and continue the revision application before the Revenue Tribunal.

What did the court decide?

The petition was disposed of; petitioners directed to apply for stay before the Mamlatdar and file an application for expeditious hearing before the GRT.

Decd. Dhurabhai Motibhai Patel through Lhrs Vs Decd… — Land Acquisition | Gujarat HC (2021)

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C/SCA/8887/2021 ORDER DATED: 28/07/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 8887 of 2021

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

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DECD. DHURABHAI MOTIBHAI PATEL THROUGH LHRS

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Versus

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DECD. GIRISHCHANDRA NAGESHWAR TRIVEDI

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================================================================ Appearance:

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KISHAN Y DAVE(8293) for the Petitioner(s) No. 1,1.1,1.2,2,2.1,2.2,2.3,2.3.1,2.3.2,2.3.3,2.3.4 MR RASESH H PARIKH(3862) for the Petitioner(s) No. 1,1.1,1.2,2,2.1,2.2,2.3,2.3.1,2.3.2,2.3.3,2.3.4 MR.HEMANG H PARIKH(2628) for the Petitioner(s) No. 1,1.1,1.2,2,2.1,2.2,2.3,2.3.1,2.3.2,2.3.3,2.3.4

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for the Respondent(s) No. 1,1.1,1.2,1.3,2,2.1,2.2,2.3,2.4,2.5,2.6,2.7,3,5,6 MR. HARDIK METHA, AGP, (99) for the Respondent(s) No. 4

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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE

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Date : 28/07/2021 ORAL ORDER

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[1] This petition is filed by the petitioners against the order dated 23.03.2021 in stay application in Revision Application No.TEN/BA/167 of 2020 by the Gujarat Revenue Tribunal (for short “GRT”), whereby the stay application has been rejected while the Revision Application is still pending.

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[2] Learned advocate for the petitioners submits on merits that the petitioners had to undergo four round of litigations and once again the matter has been remanded by the order of the Deputy Collector dated 05.09.2020 to the Mamlatdar. Therefore, the petitioners are unable to bear the fruits of the long round litigation and therefore, only the GRT ought to have taken into consideration the prima-facie case of the petitioners and the balance of convenience to grant stay. Learned advocate for the petitioners has also brought to the notice of this Court (Annexure-E), wherein private respondents have made an attempt to create third party

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Page 1 of 2

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C/SCA/8887/2021 ORDER DATED: 28/07/2021

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interest in the subject land and therefore, also the GRT ought to have granted stay below the application filed by the petitioners.

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[3] Without entering into the merits of the case as the petitioners have approached this Court only on the application for stay and that Revision Application is still at large before the GRT, not only that the order challenged before the GRT i.e. the order dated 05.09.2020 by the Deputy Collector is only remanding the matter back to the Mamlatdar for reconsideration after taking into consideration the observations made therein, the Court relegate the petitioners to the Mamlatdar where matter stands now remanded, to make an application for stay more particularly in view of the attempt made by the private respondents to create third party interest in the land in question. The Court also refers to the order dated 28.03.2012, wherein the entry on the basis of the agreement to sale to create third party interest by the private respondents was rejected.

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[4] The petitioners are at liberty to make an application for stay with the prayer for not creating any right, title or encumbrance on the subject land before the Mamlatdar and Krishi Panch, Padra for stay and Mamlatdar and Krishi Panch, Padra before taking up the remand case shall take into consideration all the contentions raised by the petitioners and pass necessary orders in accordance with law. It is open for the petitioners to file an application before the GRT for expeditious hearing preferably within a period of six months.

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[5] With the aforesaid, the petition stands disposed of. Direct Service is permitted.

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(A.Y. KOGJE, J)

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SIDDHARTH

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Decd. Dhurabhai Motibhai Patel through Lhrs v. Decd. Girishchandra Nageshwar Trivedi

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Decd. Dhurabhai Motibhai Patel through Lhrs v. Decd. Girishchandra Nageshwar Trivedi

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