Gujarat High Court
Shabbir Ali Mohammed Khalifa & 3 vs Union Of India on 7 August, 2014
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya, J.B.Pardiwala
C/WPPIL/152/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 152 of 2011
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SHABBIR ALI MOHAMMED KHALIFA & 3....Applicant(s)
Versus
UNION OF INDIA, MINISTRY OF COMMERCE & INDUSTRIES &
3....Opponent(s)
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Appearance:
MR HASHIM QURESHI, ADVOCATE for the Applicant(s) No. 1 - 4
MR. UTKARSH SHARMA, ASSTT.GOVERNMENT PLEADER for the Opponent(s) No. 2 - 3
MR. ABHISHEK MEHTA with MR. NIMESH PATEL, for M/S TRIVEDI & GUPTA, ADVOCATE for the Opponent(s) No. 4
MR SAURABH G AMIN, ADVOCATE for the Opponent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 07/08/2014
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) In this public interest litigation, filed in the year 2011, the prayer made by the petitioners are as follows:-
"(A) Be pleased to issue a writ of mandamus or writ in the nature of mandamus by quashing and setting aside the resolution dated 27.6.2005 so far as it relates to column No.15 of the Schedule and consequently the order dated 15.7.2005, be quashed and set aside so far as it concerns to the gaucher land admeasuring about 198.18 acre of village Luni, Taluka Mundra;
(B) Or in the alternative, the respondents may be directed to provide the alternative gaucher land in the village Luni, Tal. Mundra, Dist. Kutch, out of the government waste land, proportionate to the number of cattle in the village which are more than one thousand currently;Page 1 of 3
C/WPPIL/152/2011 ORDER (C) During the pendency and final disposal of this petition, the respondents may be directed to make alternative arrangement for the grazing of the cattle."
It appears that during the pendency of this application, the State of Gujarat, vide Resolution dated 20th June, 2013, issued by the Deputy Collector, Mundra, Dist. Kutch has decided to reserve 85 hector 46 are 62 square meter land for the purpose of gaucher for the village Luni, Tal. Mundra. The State-respondent has pointed out that number of cattle at the village as per the register was 522, and the number of cattle which is expected to increase in the next ten years at the rate of 10% would be 574, and after applying the principle that area for gaucher of 16 hector for every 100 cattle, the aforesaid decision has been arrived at.
In view of the aforesaid resolution passed by the State- respondent, we find that the petitioners cannot have any further grievance, inasmuch as the prayer (B), namely the alternative prayer, has already been given.
We, thus, find no reason to enter into the merit indicated in this application. We, however, direct the State-respondent to hand over the actual possession of the aforesaid land indicated in the Resolution dated 20th June, 2013, to the concerned Panchayat, within one month from today, if not already given. The PIL is thus, disposed of with the above direction. Direct service permitted.
(BHASKAR BHATTACHARYA, C.J.)
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C/WPPIL/152/2011 ORDER
(J.B.PARDIWALA, J.)
Mohandas
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