Jehul Prakashbhai Patel vs The State Of Gujarat on 1 October, 2019

[Cites 2, Cited by 3]

Gujarat High Court

Jehul Prakashbhai Patel vs The State Of Gujarat on 1 October, 2019

Bench: Vipul M. Pancholi

         C/SCA/5744/2019                                            ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 5744 of 2019
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                 JEHUL PRAKASHBHAI PATEL
                            Versus
                   THE STATE OF GUJARAT
==========================================================
Appearance:
MR PARTHIV B SHAH(2678) for the Petitioner(s) No. 1,2
MS DIVYANGNA JHALA, ASSISTANT GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1-2
NOTICE SERVED BY DS(5) for the Respondent(s) No.3,4,5,6
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 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
                    Date : 01/10/2019
                     ORAL ORDER

1. Looking to the issue involved in the present petition and with the consent of the learned advocates appearing for the parties, this petition is taken up for final disposal.

2. Heard Mr.Parthiv B. Shah, learned advocate for the petitioners and Ms.Divyangna Jhala, learned Assistant Government Pleader for respondent Nos.1 and

3. The dispute in the present petition, which is filed under Article 226 of the Constitution of India, is with regard to the order dated 20.02.2019 passed by the Assistant Collector, Vadodara (Rural).

4. A limited grievance raised by the petitioners in the present petition is that the impugned order is passed by the Assistant Collector under the Page 1 of 3 Downloaded on : Thu Oct 03 02:22:56 IST 2019 C/SCA/5744/2019 ORDER provisions of the Bombay Prevention of the Fragmentation and Consolidation of Land Holdings Act, 1947, without giving an opportunity of hearing to the present petitioners and, therefore, the said order is required to be quashed and set aside.

5. Learned advocate for the petitioners referred the averments made in the memo of the petition and contended that the petitioners are affected parties. In spite of that, no notice has been issued to the petitioners before passing the impugned order. It is, therefore, urged that the impugned order be set aside.

6. On the other hand, learned Assistant Government Pleader is not in a position to dispute the fact that no notice was issued to the petitioners before passing the impugned order dated 20.02.2019.

7. Though notices issued to respondent Nos.2 and 6 are served, nobody appears on their behalf.

8. Looking to the facts and circumstances of the present case, when it is not in dispute that the impugned order is passed by the respondent Assistant Collector without giving an opportunity of hearing to the petitioners, the said order is required to be quashed and set aside on the ground of violation of principles of natural justice.

9. The petition is, accordingly, partlyallowed.

Page 2 of 3 Downloaded on : Thu Oct 03 02:22:56 IST 2019 C/SCA/5744/2019 ORDER

The impugned order dated 20.02.2019 passed by the Assistant Collector is quashed and set aside. The matter is remitted back to the Assistant Collector i.e. respondent No.2 herein for deciding the issue afresh. Respondent No.2 Assistant Collector shall decide the issue, in accordance with law, after affording reasonable opportunity of hearing to the present petitioners as well as other affected parties.

7. It is clarified that this Court has not examined the merits of the present case.

Direct Service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 3 of 3 Downloaded on : Thu Oct 03 02:22:56 IST 2019

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