Gujarat High Court
Shagarambhai Akherajbhai Chaudhary vs State Of Gujarat Thro on 15 April, 2013
Author: Harsha Devani
Bench: Harsha Devani
SHAGARAMBHAI AKHERAJBHAI CHAUDHARY....Applicant(s)V/SSTATE OF GUJARAT THRO SECRETARY C/CA/4340/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR JOINING PARTY) NO. 4340 of 2013 In SPECIAL CIVIL APPLICATION NO. 11421 of 2012 ================================================================ SHAGARAMBHAI AKHERAJBHAI CHAUDHARY....Applicant(s) Versus STATE OF GUJARAT THRO SECRETARY & 13....Respondent(s) ================================================================ Appearance: MR PRAVIN P PANCHAL, ADVOCATE for the Applicant(s) No. 1 GOVERNMENT PLEADER for the Respondent(s) No. 1 - 2 , 4 MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 3 MR MEHUL SHARAD SHAH, ADVOCATE for the Respondent(s) No. 6 - 14 ================================================================ CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI Date : 15/04/2013 ORAL ORDER
1. By this application, the applicant seeks to be joined as a party respondent No.14 in Special Civil Application No.11421 of 2012 on the ground that if the applicant is a party, the applicant can bring to the attention of the court the fact that the applicant had made various representations to the respondent authorities for removal of illegal encroachments of gamtal land in survey No.407 at village Mevad, Taluka Mehsana as there was a large scale of unauthorized construction by the petitioners and large number of persons.
Mr. Pravin Panchal, learned advocate for the applicant submitted that in view of the fact that it was the applicant who had brought to the notice of the respondent authorities the encroachments made by various persons on the subject land, the applicant is a necessary and proper party in the special civil application.
Opposing the application, Mr. Mehul Sharad Shah, learned advocate for the respondents No.6 to 14 (original petitioners) submitted that the present writ petition is filed challenging the order of the State Government fixing the price of several lands at a much higher rate than that which was agreed between the parties. Under the circumstances, the applicant is neither necessary nor a proper party in the proceedings of special civil application.
Having regard to the submissions advanced by the learned counsel for the respective parties and more particularly, considering the nature of the relief prayed for in the main special civil application, this court is of the view that the applicant is neither necessary nor a proper party. The application is, accordingly, rejected.
(HARSHA DEVANI, J.) parmar* Page 2 of 2