Disposed

Pratapray Navalshankar Pandya Since Decd. through Lhs v. State of Gujarat

Gujarat HC22 Jun 2022SCA/11393/2022

Case brief

AI extract

What is this about?

This is an oral order in a special civil application challenging notices issued by the Mamlatdar under the Gujarat Land Revenue Code, 1879. The court directed the Mamlatdar to hear the petitioners and pass an order within a specific timeframe, while disposing of the petition without expressing an opinion on merits.

What did the court decide?

Direction to Mamlatdar to hear petitioners and pass an order on 27.06.2022; implementation of adverse order stayed till 11.07.2022.

Pratapray Navalshankar Pandya Since Decd. through… — Execution and Attachment | Gujarat HC (2022)

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C/SCA/11393/2022 ORDER DATED: 22/06/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 11393 of 2022

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========================================================== PRATAPRAY NAVALSHANKAR PANDYA SINCE DECD. THROUGH LHS

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Versus

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STATE OF GUJARAT

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

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Appearance:

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MR RS SANJANWALA SR.ADV. WITH MR ANAND B GOGIA(5849) for the Petitioner(s) No.

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1,10,10.1,11,1.1,11.1,11.2,11.3,11.4,11.5,11.6,12,1.2,13,14,15,2.1,2.2,2.3,3,4 ,5,6,7,8,9,9.1

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MS MUSKAN A GOGIA(6624) for the Petitioner(s) No.

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1,10,10.1,11,1.1,11.1,11.2,11.3,11.4,11.5,11.6,12,1.2,13,14,15,2.1,2.2,2.3,3,4 ,5,6,7,8,9,9.1

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for the Respondent(s) No. 2,3,4,5

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MR JK SHAH AGP for the Respondent(s) No. 1

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

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CORAM : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

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Date : 22/06/2022

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ORAL ORDER

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The captioned writ petition has been filed, challenging the notices issued by the mamlatdar under Section 202 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as “the Code”), requiring the petitioners to hand over the possession of the plot nos.11 and 31, apropos the judgment of this Court whereby, directions have been issued to return the land to the land owners.

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Mr.R.S. Sanjanwala, learned Senior Counsel appearing with Mr.Anand Gogia, learned advocate for the petitioners, while inviting the attention of this Court to the page no.46 of the compilation of the writ petition, submitted that the lands, which were subject matter of the proceedings, were lands bearing old survey No.28, new survey No.119 (corrected Survey No.126) comprising of plot No.11 admeasuring 574.42 sq. mtrs.; plot No.29 admeasuring 497.96 sq. mtrs. and plot No.31 admeasuring 522.43 sq.mtrs., of

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Page 1 of 4

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C/SCA/11393/2022 ORDER DATED: 22/06/2022

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Village: Mavadi, District Rajkot. It is submitted that the petitioners are not at all concerned with plot nos.11, 29 and 31 of revenue survey no.126 but, are having the legal title of the plot nos.12, 32 and 28 of revenue survey no.28 (new survey no.126). It is submitted that the petitioners, 15 in numbers, have purchased the land by executing the registered sale deed, details of all the petitioners have been provided in the tabulated form (pages 6-9 of the petition memo).

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By filing further affidavit, copies of the registered sale deeds have been placed on record (page 138 to 381). While referring to the layout plan (page 382), it is submitted that the layout plan was sanctioned and as per the said layout plan, survey no.126 was divided into different plots. The proceedings, which were initiated before this Court, were with respect to plot nos.11, 29 and 31 whereas, as stated earlier, the petitioners are concerned with the plot nos.12, 32 and 28. Further attention is invited to the additional affidavit filed on behalf of the State Government (page 88-89) dated 28.10.2015. Along with the said affidavit, panchnama drawn of the land in question was placed on record and the details have also been provided (page 92-94). It is submitted that so far as the plot no.11 is concerned, names of the occupants have been mentioned. Similarly, the details of plot no.29 are also provided along with the details of the occupants, so is the position with the plot no.31. It is submitted that in none of the description or the details provided, names of the petitioners are shown and therefore, neither in plot no.11 nor in plot nos.29 and 31, the petitioners are shown as occupiers or in possession. It is submitted that so far as the petitioners are concerned, they were not the party to any of the proceedings before this Court.

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Page 2 of 4

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C/SCA/11393/2022 ORDER DATED: 22/06/2022

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In wake of the said submissions, Mr.J.K. Shah, learned Assistant Government Pleader was required to take instructions and more particularly, the fact that the petition has been filed against the notices issued under Section 202 of the Code. Mr.Shah, learned Assistant Government Pleader reverted by stating that since the hearing is at a notice stage, the mamlatdar shall hear the petitioners and pass necessary order. It is also submitted that the contempt proceedings have been initiated by the appellants in Letters Patent Appeal No.1457 of 2016 and as a result whereof, the respondent authorities, in compliance of the order, have to hand over the possession of the plot nos.11, 29 and 31.

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It is submitted that the mamlatdar shall hear the petitioners on 27.06.2022 and the petitioners be directed to co-operate with the hearing. It is submitted that after hearing the petitioners, the mamlatdar shall take a decision on or before 30.06.2022.

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Heard the learned advocates for the respective parties.

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As has been pointed out by Mr.R.S. Sanjanwala, learned Senior Counsel, in the proceedings being Special Civil Application No.9886 of 2007 with Special Civil Application No.12605 of 2014, center to the dispute was old Survey No.28, new Survey No.119 (corrected Survey No.126) comprising of plot No.11 admeasuring 574.42 sq. mtrs.; plot No.29 admeasuring 497.96 sq. mtrs. and plot No.31 admeasuring 522.43 sq.mtrs., of Village: Mavadi, District Rajkot.

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Pertinently, the stand of the petitioners is that they have purchased the small parcels of lands of plot nos.12, 32 and 28 of revenue survey no.126 by registered sale deeds. The ends of justice would meet if the petition is disposed of with a direction to the mamlatdar to hear the petitioners and pass the order.

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Page 3 of 4

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C/SCA/11393/2022 ORDER DATED: 22/06/2022

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The petitioners shall appear before the Mamlatdar and cooperate with the hearing. The Mamlatdar, on 27.6.2022, after hearing the petitioners, shall take a decision and pass order, copy whereof, be served upon the petitioners latest by 30.6.2022. If the order is adverse to the petitioners, the same shall not be implemented till 11.7.2022.

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In view of the above, the present petition is disposed of only on this limited ground, without expressing any opinion on merits of the matter. No order as to cost.

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(SANGEETA K. VISHEN,J)

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Hitesh

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Page 4 of 4

Pratapray Navalshankar Pandya Since Decd. through Lhs v. State of Gujarat

Case brief

What is this about?

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Pratapray Navalshankar Pandya Since Decd. through Lhs v. State of Gujarat

Case brief

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What did the court decide?

What the court decided

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