Gujarat High Court
Rameshbhai Dudabhai Khut & 3 vs State Of Gujarat & on 8 June, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/4506/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4506 of 2014
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RAMESHBHAI DUDABHAI KHUT & 3....Petitioner(s)
Versus
STATE OF GUJARAT & 11....Respondent(s)
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Appearance:
MR AR THACKER, ADVOCATE for the Petitioner(s) No. 1 - 4
MS NISHA THAKORE, AGP for the Respondent(s) No. 1
MR HEMANT K MAKWANA, ADVOCATE for the Respondent(s) No. 7 -
11
MRS FALGUNI D PATEL, ADVOCATE for the Respondent(s) No. 2 , 4
NOTICE SERVED for the Respondent(s) No. 3 , 5 - 6 , 12
SERVED BY RPAD - (N) for the Respondent(s) No. 12
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/06/2017
ORAL ORDER
1. The case of the writ applicants is that the respondents nos. 6 to 11 are putting up unauthorized construction of a school on a common plot owned by the Society. However, this fact is denied by the respondents nos. 6 to 11. It appears that the construction is in progress. In such circumstances, on 22.04.2014, a coordinate bench of this Court passed the following order:
"Though served, private respondents have chosen not to appear in the matter either personally or by engaging lawyer.
Mrs. Falguni Patel, learned advocate appearing for respondent Nos.2 and 4 states that respondent No.4 has already informed the private respondents not to proceed Page 1 of 4 HC-NIC Page 1 of 4 Created On Fri Aug 18 06:19:07 IST 2017 C/SCA/4506/2014 ORDER further with the construction, which is going on the disputed property. Stand over to 26.06.2014. Private respondents are hereby restrained from constructing further on the disputed land, till further order. Direct service is permitted."
2. The Taluka Development Officer, Gondal has filed affidavit in reply stating as under:
"I, Pratapsinh G. Jadeja, Aged 53, Son of Govindsinh, working as Taluka Development Officer, Gondal, on behalf of Respondent no.2 & 4, herein solemnly affirmation state as under:
1. I humbly state that I am filing present affidavit in view of the directions given by this Hon'ble Court by order dated 27/3/2014 (Coram: A.J. Desai J), whereby the directions were given to the respondent authorities to file affidavit in reply with regard to what action the authorities have taken pursuant to the representation made by the petitioners ans also for the limited purpose of placing correct facts on record and that to oppose admission and grant of any interim relief in favour of the petitioner. I crave leave of this Hon'ble Court to file detailed affidavit-in-reply as and when necessary.
2. That in view of the above direction of this Hon'ble Court, it is submitted that pursuant to the representation dated 31/12/2013 of the petitioners, the respondent no.4 has given the instructions to the respondent no.2 by letter no.ReV-BKHP-VSE-579, dated 1/1/2014, stating Page 2 of 4 HC-NIC Page 2 of 4 Created On Fri Aug 18 06:19:07 IST 2017 C/SCA/4506/2014 ORDER inter alia to carry out the inspection of disputed land and verify the facts with regard to the representation of the petitioners and also take legal action if it necessary and therefore pursuant to the instructions of the respondent no.4, the respondent no.2 has written a letter dated 7/4/2014 to the respondent no.9 to stop the construction on the land bearing survey no.903/2. A copy of the said letter is annexed and marked as Annexure - I to present reply. Thereafter the respondent no.2 has written a letter dated 10/4/2014 addressing to the Talati / Sarpanch of Gondal Taluka, stating inter alia to initiate the proceedings on non agricultural plot no. 29/30/31 and 26,27,28 and furnish the report within four days to the respondent no.2. A copy of the said letter is annexed and marked as Annexure - II to present reply. That thereafter on 11/4/2014, the respondent no.2 has carried out punch rojkam of land survey no.925 and taken the statements of both the sides of the parties of the present matter and given report dated 15/4/2014 to the respondent no.4, stating inter alia that there is the breach of condition of NA Permission in land bearing survey no.925 and there is no breach of condition of NA Permission in land bearing survey no.903/2 as the said land is under construction of residential purpose. Hence necessary legal steps will be taken against the respondents, u/s 66 & 67 of Bom. Land Revenue Code, 1879 for breach of NA permission for the land bearing survey no.925. The copies of the Rojkam, statements of the both parties of the matter and a letter dated 15/4/2014 of respondent no.2 is annexed and marked as Annexure - III to the present reply collectively.Page 3 of 4
HC-NIC Page 3 of 4 Created On Fri Aug 18 06:19:07 IST 2017 C/SCA/4506/2014 ORDER What is stated hereinabove is true and correct to best of my knowledge, information and belief and believe the same to be true.
Solemnly affirmed on this 5th day of July, 2014. At Gondal."
3. Having heard the learned counsel appearing for the parties and having considered the materials on record, I am of the view that if the construction is permitted to proceed further, the same will create multiplicity of proceedings. The matter requires consideration in details.
4. Let Rule be issued to the respondents returnable on 06.10.2017. Mrs. Falguni Patel, the learned counsel waives service of notice of rule for and on behalf of respondent nos.2 and 4. Ms. Nisha Thakore, learned AGP waives service of notice of rule for and on behalf of respondent nos.1, 3 and 6. Mr. Makwana, learned counsel waives service of notice of rule for and on behalf of respondents nos.7 to 11.
Direct service to respondent no.5 is permitted. The ad interim order granted earlier by the co-ordinate bench shall continue till the final disposal of the matter.
(J.B.PARDIWALA, J.) Dolly Page 4 of 4 HC-NIC Page 4 of 4 Created On Fri Aug 18 06:19:07 IST 2017