Gujarat High Court
Priyank Anilkumar Pandya vs State Of Gujarat on 14 February, 2023
Author: Sonia Gokani
Bench: Sonia Gokani
R/SCR.A/2180/2023 ORDER DATED: 14/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2180 of 2023
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PRIYANK ANILKUMAR PANDYA
Versus
STATE OF GUJARAT
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Appearance:
MR JAYDEEP SINDHI, ADVOCATE assisted by
MS POOJA D BASWAL, ADVOCATE for the Applicants
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1 - State
for the Respondent(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE (DESIGNATE) MS.
JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 14/02/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE (DESIGNATE) MS. JUSTICE SONIA GOKANI)
1. By way of present application, applicants seek to challenge the initiation of proceedings under the Gujarat Land Revenue Grabbing (Prohibition) Act, 2020 against the applicants. Based on the said proceedings, the F.I.R. came to be registered on 20.01.2023 bearing C.R.No.11196010230003 of 2023 with the D.C.B Police Station, District : Vadodara City for the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code read with Sections 4(3) and 5 of the Gujarat Land Revenue Grabbing (Prohibition) Act, 2020.
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R/SCR.A/2180/2023 ORDER DATED: 14/02/2023
2. The applicants seek the following main prayers :
"7(a) YOUR LORDSHIPS may be pleased to admit and allow the present petition;
(b) YOUR LORDSHIPS may be pleased to hold that Gujarat Land Grabbing (Prohibition) Act, 2020 more particularly Section 3, 4(3), 5(C), 9, 11, 12 and 15 are arbitrary, invalid, ultra-vires, unconstitutional and violative of article 14, 20 and 21 of the Constitution of India
(c) YOUR LORDSHIPS may be pleased to quash and set asid the impugned Proceedings initiated under the Land Grabbing Act along with FIR dated 20/01/2023 being C.R. No.11196010230003 of 2023 registered with D.C.B. Police Station, District:
Vadodara City for the offences punishable U/s. Sec. 420, 465, 467, 468, 471, 120(B) of IPC Read with Sec. 4(3), 5 of the Gujarat Land Grabbing (Prohibition) Act, as the same being gross abuse and misuse of process of law, and in the interest of justice;
(d) Pending admission, hearing and till final disposal of this petition, Your Lordships may be pleased to grant stay as to further proceedings of land grabbing initiated by the respondent authorities along with FIR dated 20.01.2023 being CR No.11196010230003 of 2023 registered with DCB Police Station, District : Vadodara City for the offences punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code read with Sections 4(3) and 5 of the Gujarat Land Grabbing (Prohibition) Act, and consequently be pleased to pas order directing the authorities to maintain the status quo of the said properties constructed on Page 2 of 3 Downloaded on : Thu Feb 16 21:28:16 IST 2023 R/SCR.A/2180/2023 ORDER DATED: 14/02/2023 Final Plot No.being 873, 879, 881 and land revenue survey No. being 541, Hector 1-60-86 square meter, Moje : Danteshwar, Ta. & Dist. : Vadodara City (South), in the interest of justice;"
3. After arguing for some time, learned advocate Mr.Jaydeep Sindhi, assisted by learned advocate Ms.Pooja Baswal for the applicants seeks withdrawal of this application.
4. Permission, as prayed for, is granted. This application is dismissed, as withdrawn.
(SONIA GOKANI,CJ(DESIG.)) (SANDEEP N. BHATT,J) M.H. DAVE Page 3 of 3 Downloaded on : Thu Feb 16 21:28:16 IST 2023