Vasantbhai Mangalbhai Prajapati vs State Of Gujarat on 2 May, 2019

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Gujarat High Court

Vasantbhai Mangalbhai Prajapati vs State Of Gujarat on 2 May, 2019

Bench: A.J.Desai

         C/SCA/7903/2019                                       ORDER



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO. 7903 of 2019

=============================================
               VASANTBHAI MANGALBHAI PRAJAPATI
                            Versus
                      STATE OF GUJARAT
=============================================
Appearance:
MR DHARMENDRA PARIKH(2389) for the Petitioner(s) No. 1,10,11,12,13,
14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,4,5,6,7,8,9
 for the Respondent(s) No. 2
MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1
=============================================

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                           Date : 02/05/2019

                             ORAL ORDER

1. By way of present petition filed under Articles 14 , 19 , 226 , 227 and 300A of the Constitution of India, the following prayers have been made:

"[B] Your Lordship may be pleased to issue writ of certiorari or mandamus or any other appropriate writ, order or direction in the nature of certiorari or mandamus and thereby declare the proceedings under ULC Case No. 7 / 85 dated 30.07.1985 are quashed and set aside and direct the respondents to re-grant the impugned lands to the petitioners.

[C] Your Lordships may be pleased to issue writ of Mandamus or any other appropriate writ, order or direction and direct the respondents to give effect of transfer of the 1976 sq. meters excess land under the ULC case No. 7/1985 in the name of the petitioners in the revenue record without any encumbrances.

[D] During pendency oand final disposal of the present petition, Your Lordships may be pleased to direct the respondents not to take possession of the subject land from the petitioners as the same is the bread and butter of the petitioners.

[E] Pass any such other and / or further orders that may be thought just and proper, in the facts and circumstances of the present case."

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2. It is the case of the petitioners that in the year 1985, portion of the land belongs to the petitioners declared as excess land, however, possession has not been taken by the State Authority. In view of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, the petitioners would be entitled to hold excess land. It is also the case of the petitioners that they have requested to the department concerned to pass appropriate order by making application / representation on 16.04.2018, however, till today, the application / representation made by the petitioners is not decided.

3. Having heard learned advocate appearing for the petitioners and learned Assistant Government Pleader for the respondent authorities, I am of the opinion that following order would meet end of justice:

[i] The concerned officer, who is dealing with the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) and the Urban Land (Ceiling and Regulation) Repeal Act, 1999, is hereby directed to decide the representation made by the petitioners in accordance with law and as early as possible preferably within a period of six months from the date of receipt of the order, after giving opportunity of hearing to the petitioners.

4. With the above direction, the present petition stands disposed of. Direct service is permitted.

(A.J.DESAI, J) *F.S.KAZI.....

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