Gujarat High Court
Deceased Jyotsnaben Ashwinkumar Shah ... vs State Of Gujarat on 21 March, 2024
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/1753/2024 ORDER DATED: 21/03/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1753 of 2024
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 1753 of 2024
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DECEASED JYOTSNABEN ASHWINKUMAR SHAH THROUGH HER
LEGAL HEIRS & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VIMAL A PUROHIT(5049) for the petitioners(s) No. 1,1.1,1.2
SHRENIK R JASANI(9486) for the petitioners(s) No. 1,1.1,1.2
MS. NIRALI SARDA, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 21/03/2024
ORAL ORDER
Order in Civil Application No.1 of 2024:-
1. By way of the civil application for amendment, the petitioners seek to amend the petition as prayed for in the application. As the civil application is not seriously opposed and the same contains subsequent developments after filing of the petition and the same is granted.
The petition be amended forthwith. Page 1 of 7 Downloaded on : Wed Mar 27 20:33:30 IST 2024
NEUTRAL CITATION C/SCA/1753/2024 ORDER DATED: 21/03/2024 undefined
2. Considering the facts that learned Assistant Government Pleader has already received instructions in respect of the main matter and as both parties are agreeable to proceed with the main matter, the Registry is directed to list the Special Civil Application No.1753 of 2024. Order in Special Civil Application No.1753 of 2024 :-
1. By way of this petition, the petitioners have prayed for the following reliefs:-
(A) YOUR LORDSHIPS may be pleased to issue a writ of prohibition or any other appropriate writ, order ог direction may be direction may be issued upon the learned Mamlatdar and ALT, Vadodara(Rural) to drop the impugned show cause 27.07.2023 issued notice dated by the learned Mamlatdar and ALT, Vadodara (Rural), in Ganot Case No. 189 of 2009(At Annexure A) issued under the provision of Section 84(c) of the Bombay Tenancy and Agricultural Land Act, 1948, (B) YOUR LORDSHIPS may be pleased to issue a Page 2 of 7 Downloaded on : Wed Mar 27 20:33:30 IST 2024 NEUTRAL CITATION C/SCA/1753/2024 ORDER DATED: 21/03/2024 undefined writ of Certiorari quashing and setting aside show cause notice dated 27.07.2023 issued by the learned Mamlatdar and ALT, Vadodara (Rural), in Ganot Case No. 189 of 2009(At Annexure A) purportedly issued under the provision of Section 84(c) of the Bombay Tenancy and Agricultural Land Act, 1948;
(C) Pending hearing and Final Disposal of this Special Civil Application, YOUR LORDSHIPS may be pleased to stay the Implementation, operation and Further proceedings Pursuant to the show cause notice dated 27.07.2023issued by the learned Mamlatdar and ALT, Vadodara (Rural), in Ganot Case No. 189 of 2009(At Annexure A) issued under the provision of Section 84(c) of the Bombay Tenancy and Agricultural Land Act, 1948;
(D) Any other and further relief that may deem fit by this Hon'ble Court in the interest of justice;
(AA) Your Lordships may be pleased to admit and allow the present Civil Application and be pleased to allow the petitioners to amend the petition as prayed for."
2. On 06.02.2024, this Court has issued Page 3 of 7 Downloaded on : Wed Mar 27 20:33:30 IST 2024 NEUTRAL CITATION C/SCA/1753/2024 ORDER DATED: 21/03/2024 undefined notice and it was made returnable on 11.03.2024. In the meantime, certain developments have taken place and therefore, these developments were brought to the notice of this Court by way of the Civil Application No.1 of 2024 which was allowed and accordingly, the petition was amended.
3. The grievance of the petitioners is that though the proceeding before the Mamlatdar being Tenancy Case No.189 of 2009, which were going on before Mamlatdar, Vadodara Rural, were adjourned to 02.02.2024 and on 02.02.2024, concerned Mamlatdar was absent and there was a notice board indicating that all the matters listed on the board of 02.02.2024 shall be adjourned to 15.03.2024 and therefore, the petitioners left office of the Mamlatdar. To the shock and surprise of the petitioners, the petitioners received an order in respect of Tenancy Case No.189 of 2009, dated 06.02.2024 indicating that Page 4 of 7 Downloaded on : Wed Mar 27 20:33:30 IST 2024 NEUTRAL CITATION C/SCA/1753/2024 ORDER DATED: 21/03/2024 undefined on 02.02.2024, the matter was taken up for hearing and it was kept for order and on that day, though the petitioners were present and in view of the notice indicating that the matter was adjourned to 15.03.2024. The petitioners had already preferred the present petition. However, during pendency of the present petition, when the notice was issued by this Court on 06.02.2024, thereafter the petitioners was served the order dated 06.02.2024, wherein in Para-4, it was mentioned that there is no documentary evidence or written submission produced by the petitioners and therefore, vide order dated 06.02.2024, the Mamlatdar & ALT, Vadodara Rural had held that the petitioners are not an agriculturist and there is a breach of Section 63 of the Tenancy Act and therefore, transfer of land in favour of the petitioners was declared invalid in provisions of Section 84(C)(2) of the B.L.R.C. and the land was vested to the Government and that order is under Page 5 of 7 Downloaded on : Wed Mar 27 20:33:30 IST 2024 NEUTRAL CITATION C/SCA/1753/2024 ORDER DATED: 21/03/2024 undefined challenge by way of the present petition.
4. At the outset, upon instructions received by one Mr. Manoj Desai, Mamlatdar & ALT, Vadodara Rural, learned Assistant Government Pleader Ms. Sharda submitted that on perusal of the original, certain lapses are noticed in the proceeding and therefore, the Court without assigning any reasons, quashed and set aside the impugned order dated 06.02.2024 in Tenancy Case No.189 of 2009. In view of above submissions made by learned Assistant Government Pleader without assigning reasons as the same has not been insisted upon by Learned advocate Mr. Purohit as well the impugned order dated 06.02.2024 passed in Tenancy Case No.189 of 2009 is hereby quashed and set aside.
5. The matter is remanded back to the Mamlatdar and ALT, Vadodara Rural for fresh Page 6 of 7 Downloaded on : Wed Mar 27 20:33:30 IST 2024 NEUTRAL CITATION C/SCA/1753/2024 ORDER DATED: 21/03/2024 undefined consideration. All the rights and contentions of all the parties are kept open. The Collector, Vadodara is directed to assign the Tenancy Case No.189 of 2009 to any other Mamlatdar & ALT, Vadodara within a period of four weeks from today and in that proceeding, the Mamlatdar & ALT shall issue fresh notice to the petitioners and the same should be served through R.P.A.D. on the address given in this petition.
6. With the aforesaid observations, the present petition is disposed of without entering into merits of the matter.
(NIRZAR S. DESAI,J) NABILA Page 7 of 7 Downloaded on : Wed Mar 27 20:33:30 IST 2024