Bhagirathbhai Hargovanhai vs State Of Gujarat & 2 on 10 June, 2016

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Gujarat High Court

Bhagirathbhai Hargovanhai vs State Of Gujarat & 2 on 10 June, 2016

Bench: R.M.Chhaya

              C/SCA/8771/1997                                                  JUDGMENT



                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      SPECIAL CIVIL APPLICATION NO. 8771 of 1997

         FOR APPROVAL AND SIGNATURE:


         HONOURABLE MR.JUSTICE R.M.CHHAYA

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

         1    Whether Reporters of Local Papers may be allowed to see
              the judgment ?

         2    To be referred to the Reporter or not ?

         3    Whether their Lordships wish to see the fair copy of the
              judgment ?

         4    Whether this case involves a substantial question of law as
              to the interpretation of the Constitution of India or any
              order made thereunder ?

         ==========================================================
                        BHAGIRATHBHAI HARGOVANHAI....Petitioner(s)
                                        Versus
                          STATE OF GUJARAT & 2....Respondent(s)
         ==========================================================
         Appearance:
         MR KM SHETH, ADVOCATE for the Petitioner(s) No. 1
         MR SHIRISH GOHIL, ASSISTANT GOVERNMENT PLEADER for the
         Respondent(s) No. 1-3
         ==========================================================
                 CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA

                                     Date : 10/06/2016


                                    ORAL JUDGMENT

1. Mr. K.M. Sheth, learned advocate for the petitioner does not press this petition on Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Jun 11 03:25:15 IST 2016 C/SCA/8771/1997 JUDGMENT merits. Mr. Shirish Gohil, learned Assistant Government Pleader appears for the respondents.

2. In fact, by an order dated 17.9/10.1997/24.9.1997 (AnnexureB to the petition), the Additional Chief Secretary, Revenue Department (Appeals), while not entertaining the Revision Application filed by the present petitioner, has directed the Deputy Collector to proceed further as is evident from the operative part of the aforesaid impugned order. It goes without saying that the Deputy Collector shall have to proceed in accordance with the provisions of Section 73AA of the Bombay Land Revenue Code, 1879 after giving an opportunity of being heard to the petitioner. Such procedure shall be followed by the Deputy Collector as expeditiously as possible, preferably latest by 31.12.2016. It is clarified that this Court has not expressed any opinion on merits.

3. Accordingly, the petition is dismissed as withdrawn. Rule discharged. Adinterim relief granted earlier shall stand vacated.

(R.M.CHHAYA, J.) mrp Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Jun 11 03:25:15 IST 2016

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