Atulbhai Kalubhai Mangroliya vs State Of Gujarat on 18 April, 2022

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Gujarat High Court

Atulbhai Kalubhai Mangroliya vs State Of Gujarat on 18 April, 2022

Bench: Nirzar S. Desai

     C/SCA/7242/2022                                   ORDER DATED: 18/04/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7242 of 2022

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                       ATULBHAI KALUBHAI MANGROLIYA
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. MANOJ T DANAK(6264) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,4.1,4.1.1,4.1.2,4.1.3,4.1.4,4.1.5,4.1.6,4.1.7
MR. NIKUNJ KANARA, AGP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                               Date : 18/04/2022

                                 ORAL ORDER

1. By way of this petition, the petitioner has prayed for the following reliefs:-

(A) Be pleased to admit this petition.

(B) Be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, quashing and setting aside the order dated 09.09.2021 passed by the respondent NO.3 in Tenant Case No.24 of 2020;

(C) Pending admission, hearing and final disposal of the petition, be pleased to grant interim relief and be pleased to grant stay of the operation, implementation and execution of the order dated 09.09.2021 passed by the respondent NO.3 in Tenant Case No.24 of 2020;

(D)Any other and further reliefs may be granted in favour of petitioner as this Hon'ble Court may deem fit and proper under the circumstances of the case with cost.

2. The order passed by the Mamlatdar and ALT, Daskroi in Tenancy Case No.24 of 2020, is an order whereby pursuant to Page 1 of 2 Downloaded on : Tue Apr 19 21:22:41 IST 2022 C/SCA/7242/2022 ORDER DATED: 18/04/2022 an inquiry, under section 84 (C) of the Tenancy Act for breach of section 64 of the Tenancy Act by exercising powers under section 84 (C) (3) of the Act, the land was directed to be vested into Government free from all encumbrances by Mamlatdar and ALT, Daskroi vide order dated 09.09.2021. However, the aforesaid order is appealable under section 74 of the Tenancy Act before the Deputy Collector, Land Reforms and Appeal, Ahmedabad and the petitioner has straightway preferred the petition challenging the aforesaid order dated 09.09.2021.

3. The alternative efficacious remedy is available to the petitioner, despite that the petitioner has not availed the same. On the ground of availability of alternative efficacious remedy, the petition is not entertained and the same is dismissed.

4. It is clarified that this Court has not gone into the merits of the matter.

(NIRZAR S. DESAI,J) VARSHA DESAI Page 2 of 2 Downloaded on : Tue Apr 19 21:22:41 IST 2022

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