Disposed

Bhikhabhai Amarshibhai v. State of Gujarat

Gujarat HC10 Jun 2022SCA/8540/2014

Case brief

AI extract

What is this about?

This court allowed the withdrawal of special civil applications regarding land acquisition and premium payment. The petitioners, being bona fide purchasers, were granted liberty to approach the Collector to decide their application under section 43 by September 9, 2022.

What did the court decide?

Permission to withdraw the writ petitions with liberty to approach the Collector for deciding the application under section 43.

Bhikhabhai Amarshibhai Vs State of Gujarat — Land Acquisition | Gujarat HC (2022)

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C/SCA/7851/2014 ORDER DATED: 10/06/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 7851 of 2014

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With R/SPECIAL CIVIL APPLICATION NO. 8540 of 2014

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

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SHREYANSH GOVINDBHAI DHOLAKIA & 3 other(s)

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Versus STATE OF GUJARAT & 18 other(s)

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

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MR JAYESH M PATEL(617) for the Petitioner(s) No. 1,2,3,4 for the Respondent(s) No. 16

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DECEASED LITIGANT for the Respondent(s) No. 6 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 MR J. K. SHAH, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1

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MR KASHYAP R JOSHI(2133) for the Respondent(s) No. 13 MR MRUGEN K PUROHIT(1224) for the Respondent(s) No. 18 NOTICE SERVED BY DS for the Respondent(s) No. 10,11,12,13,14,19,2.1,2.2,2.3,2.4,2.5,2.6,2.7,3,4,5,7,8,9 RULE SERVED BY DS for the Respondent(s) No. 15,16,17

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CORAM: HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

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Date : 10/06/2022 COMMON ORAL ORDER

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Mr R. S. Sanjanwala, learned senior counsel, at the outset, submitted that Mr Aadit Sanjanwala, learned advocate would be filing his Vakalatnama within a period of 2-3 days in the writ petition being Special Civil Application no.7851 of 2014 and would be appearing for the petitioners.

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Though served, the private respondents have chosen not to enter appearance.

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Mr R. S. Sanjanwala, learned senior counsel seeks permission to withdraw the captioned writ petitions. It is submitted that the petitioners, are bonafide purchasers as, the Deputy Collector, has passed the order dated 23.5.2008 and the petitioners in the

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Page 1 of 3

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C/SCA/7851/2014 ORDER DATED: 10/06/2022

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respective petitions have purchased the lands by registered sale deed on 9.1.2009 and 7.5.2010 respectively.

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It is submitted that the private respondents and more particularly, respondent no.6 of Special Civil Application no.8540 of 2014, who is also respondent no.13 in Special Civil Application no.7851 of 2014, has preferred the revision application on 31.7.2010. Whereas, the State Government, has challenged the order by filing the revision application in the year 2012. It is submitted that the revision application no.6/2013 filed by the State Government, came to be decided by the Gujarat Revenue Tribunal vide order dated 31.3.2014. Though the order dated 23.5.2008 passed by the Deputy Collector, has been quashed and set aside, liberty has been reserved in favour of the petitioners to approach the Collector for the purpose of premium and further direction to the Collector to decide the same in accordance with law.

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Attention is invited to the Circular dated 17.3.2017 issued by the Revenue Department and more particularly clause (2), in vernacular, english translation, would be to the effect that the revenue authorities are removing the restrictions, when considered by the Appellate Authority or by the Court in further proceeding, the decisions are taken to restore the conditions attached to the land. In the interregnum, if there is any transaction of the land, the purchasers shall be treated as the bonafide purchasers and the transaction, be regularized by accepting the premium as per the prevalent policy.

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It is therefore urged that in view of the directions contained in the order dated 31.3.2014 of the Gujarat Revenue Tribunal coupled with the instructions issued vide Circular dated 17.3.2017, the petitioners seek permission to withdraw the captioned writ petitions with a liberty approach the Collector under the provisions of section

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Page 2 of 3

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C/SCA/7851/2014 ORDER DATED: 10/06/2022

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43 and the Collector, be directed to decide the same in accordance with law.

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Mr J. K. Shah, learned Assistant Government Pleader has no objection if the captioned writ petitions are withdrawn with a liberty to approach the Collector. It is submitted that even otherwise also, as per the directions contained in the operative portion of the order dated 31.3.2014 of the Gujarat Revenue Tribunal, it is open to the petitioners to approach the Collector and the Collector has been directed to pass necessary orders.

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In view of the above, the request for withdrawal is acceded to. Needless to clarify that if any application is made by the petitioners under the provisions of section 43, the same shall be decided by the Collector as early as possible and latest by 1.9.2022, strictly in accordance with law and as per the applicable policies. In case of any difficulty, the petitioners are at liberty to approach this Court.

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The petitions are accordingly disposed of. No order as to costs.

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(SANGEETA K. VISHEN,J)

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RAVI P. PATEL

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Page 3 of 3

Bhikhabhai Amarshibhai v. State of Gujarat

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Bhikhabhai Amarshibhai v. State of Gujarat

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