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Aalabhai Arjanbhai Khunti through Poa Rambhai Aalabhai Khunti v. State of Gujarat

Gujarat HC4 May 2022SCA/4324/2022

Case brief

AI extract

What is this about?

In a special civil application filed by a petitioner claiming lawful occupation of government land, the High Court observed that the lease deed was executed but registration remained pending. The court directed the respondent authority to register the lease deed within three weeks.

What did the court decide?

Direction to register the executed lease deed within three weeks from the date of the order.

Aalabhai Arjanbhai Khunti through Poa Rambhai… — Public Procurement and Tenders | Gujarat HC (2022)

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C/SCA/4324/2022 ORDER DATED: 04/05/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 4324 of 2022

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========================================================== AALABHAI ARJANBHAI KHUNTI THROUGH POA RAMBHAI AALABHAI KHUNTI

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Versus

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STATE OF GUJARAT & 2 other(s)

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

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Appearance:

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MS.NAMRATA J SHAH(6534) for the Petitioner(s) No. 1 MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4

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

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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 04/05/2022 ORAL ORDER

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By way of present petition, the petitioner herein has prayed for the following reliefs:

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“9.(A) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, in the nature of mandamus or certiorari or direct concern respondent No.2 and 4 to register the lease deed dated 03/03/2020 in pursuance of the LOI dtd. 28/07/2016 in favour of the petitioner in respect of govt. land bearing Sy. No.58 admeasuring 03-29-82 Hector, for sandstone, situated at Village: Abhepar, Ta: Thangadh & Dist: Surendranagar.

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9.(B) Pending admission and final disposed of this petition, Your Lordships may be pleased to direct concern respondent No.2 and 4 to register the lease deed dated 03/03/2020 in pursuance of the LOI dated 28/07/2016 in favour of the petitioner in respect of govt. land bearing Sy. No. 58 admeasuring 03-29-82 Hector, for sandstone, situated at Village: Abhepar, Ta: Thangadh & Dist: Surendranagar.

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9.(C) YOUR LORDSHIPS be pleased to grant such other and further reliefs as deemed fit in the interest of justice.”

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The writ applicant is lawful occupier of Government

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Page 1 of 2

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C/SCA/4324/2022 ORDER DATED: 04/05/2022

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Land bearing bearing Sy. No. 58 admeasuring 03-29-82 Hector, for sandstone, situated at Village: Abhepar, Ta: Thangadh & Dist: Surendranagar.

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It appears that the petitioner obtained LOI from the concerned authority on 28/07/2016 pursuant to application preferred by the writ applicant on 29/02/2012. The petitioner has requested for environment clearance certificate duly which was accepted and granted by the concerned respondent authority on 04/09/2017 with all the requisite permission. The stamp duty was also duly paid in view of communications dated 15/05/2018 and 26/06/2019. Mining plan is also approved on 08/04/2019. DILR sheet is duly certified by the competent authority on 19/06/2018.

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It appears that the petitioner herein is in receipt of all the requisite permission as referred to above and the lease deed is also executed by the respondent authority on 26/02/2020. Only registration of lease deed is required to be carried by the respondent no.4 authority.

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In view of above, without going into the facts of present case, the concerned respondent authority is directed to register the lease deed within a period of three weeks from today preferably on or before 24/05/2022.

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With the above directions, present petition stands disposed of.

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(VAIBHAVI D. NANAVATI,J)

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ILA

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Page 2 of 2

Aalabhai Arjanbhai Khunti through Poa Rambhai Aalabhai Khunti v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Aalabhai Arjanbhai Khunti through Poa Rambhai Aalabhai Khunti v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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