Gujarat High Court
Vasantbhai Bhikhabhai Patel vs State Of Gujarat on 11 December, 2020
Author: Ashokkumar C. Joshi
Bench: Ashokkumar C. Joshi
R/SCR.A/7441/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7441 of 2020
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VASANTBHAI BHIKHABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
AMIRAJ R BAROT(8575) for the Applicant(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 2,3,4,5
MR. L.B.DABHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 11/12/2020
ORAL ORDER
1. Heard, learned advocate for the petitioner Mr. Amiraj Barot for the Petitioner and learned APP Mr. L.B.Dabhi for the respondent - State through video conference.
2. Rule. Learned APP Mr. L.B.Dabhi waives service of notice of rule on behalf of the Respondent - State of Gujarat.
3. Present petition has been filed by the petitioner with a prayer to direct the respondent authorities to provide protection to the petitioners as per the representations dated 22.10.2020 and 29.10.2020.
4. Facts in nutshell are that the petitioner is the owner of the land bearing Survey No. 671 having Block Survey No. 71-2 admeasuring 51043 Sq. Meter and had purchased the said land from one Sanjaybhai Nagjibhai Patel vide registered sale deed dated 20.5.2013. That the said land was thereafter given on rent to one Devaram Prajapati and Hiteshbhai Sapovadiya by entering into rent agreement dated 5.2.2018 for eleven Page 1 of 3 Downloaded on : Mon Aug 23 02:16:08 IST 2021 R/SCR.A/7441/2020 ORDER months and thereafter the same was never renewed. That thereafter as the owner of the adjacent land has made an application dated 22.9.2020 to the Respondent No.5 herein for removing the illegal construction, constructed by the old tenants who have still occupied the land illegally. That pursuant to the said application made to Respondent No.5 herein, the authority had issued notice dated 3.10.2020 directing the illegal occupier Devaram Prajapati to produce all the documents / permissions relating to the construction within 7 days from the date of the notice failing which the authority will initiate steps under Section 36(4) of the Gujarat Town Planning and Urban Development Act. That as Devram Prajapati did not produce any document as required, the authority has issued notice dated 21.10.2020 to the petitioner and also to the illegal occupier and directed to give reply by 28.10.2020.
That on 22.10.2020 the petitioner made an application describing the reasons for police protection. However, since then, no action is taken by the respondent authorities and as the life of the petitioner is at stake, he has preferred this petition seeking aforesaid relief.
4.1 The learned advocate for the petitioner has submitted that the petitioner had made representation dated 22.10.2020 to the respondent authorities, however, till date nothing has been done and accordingly, inaction on the part of the respondent authorities may culminate into danger to life of the petitioner and accordingly, it is urged that present petition may be allowed and relief, as prayed for, may be granted.
5. Per contra, learned APP has submitted that the petitioner has already filed representation before the concerned authority and accordingly, appropriate orders may be passed to decide such representation.
6. Regard being had to the submissions advanced by the learned advocates Page 2 of 3 Downloaded on : Mon Aug 23 02:16:08 IST 2021 R/SCR.A/7441/2020 ORDER for the respective parties, and considering the facts and circumstances of the case, as narrated herein above, this Court is of the considered view that ends of justice would meet if the concerned authorities are directed to decide the representations dated 22.10.2020 and 29.10.2020 made by the petitioner within a period of three weeks from the date of this order.
7. In the aforesaid backdrop, present petition is hereby disposed of with a direction to the respondent Nos. 3 to decide the representations dated 22.10.2020 and 20.10.2020 of the petitioner, within a period of three weeks from the date of this order, after verifying the facts of the case and details narrated in the same, as expeditiously as possible. The respondent No. 4 herein - District Superintendent of Police, District:
Bharuch shall supervise the matter. 7.1 Rule is made absolute to the aforesaid extent. 7.2 Direct service is permitted through fax / e-email / any other electronic mode.
(DR. ASHOKKUMAR C. JOSHI,J) J.N. W Page 3 of 3 Downloaded on : Mon Aug 23 02:16:08 IST 2021