Gujarat High Court
Fazul Rehman vs State Of Gujarat on 2 April, 2019
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/5128/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO.5128 of 2019
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FAZUL REHMAN & 9 others
Versus
STATE OF GUJARAT & 10 others
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Appearance :
D H BHARWAD for the Petitioners.
for the Respondent Nos.10,11,2,3,4,5,6,7,8,9
MR BHARGAV PANDYA, AGP ON ADVANCE COPY SERVED TO GOVERNMENT
PLEADER for the Respondent No.1.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 02/04/2019
ORAL ORDER
1. By way of the present petition under Articles 14, 16, 19, 226 and 227 of the Constitution of India, the following prayers have been made :-
"(A) Be pleased to allow present petition.
(B) Be pleased to issue a writ of mandamus or
any other appropriate writ, order or direction by quashing and setting aside the impugned order at Annexure A, which is passed by the respondent No.1.
(C) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to stay the operation and implementation of the order passed by respondent No.2 which is at Annexure-J and confirm by respondent No.1 ld.
Special Secretary, Revenue Department Page 1 of 3 C/SCA/5128/2019 ORDER (Appeals), which is at Annexure-A to this petition."
2. It is the case of the petitioners that the private respondents are carrying out illegal construction in a common plot of the Society and, therefore, an application was made to the District Collector restraining the private respondents from carrying out any construction or to sell the property. The private respondents raised a contention that they have purchased the property by way of registered Sale Deed which is claimed by the petitioners as common plot of the Society.
3. After considering the documents, the District Collector, Anand found that the property was purchased by the private respondents and, therefore, application / objection raised by the petitioners was rejected vide order dated 28.2.2017. The said order was challenged by the petitioners before the learned Special Secretary, Revenue Department (Appeals) vide Revision Application No.8 of 2017 and by an order dated 3.2.2018, the said revision application was dismissed.
4. Hence this petition.
5. Mr. D.H. Bharwad, learned advocate appearing for the petitioners would submit that the authorities below have committed an error in rejecting the application / objection raised by the petitioner about the illegal construction carried out by the private respondents. He would further submit that the petitioners have already filed Civil Suit against the private respondents challenging the Sale Deed executed in favour of the private respondents which is pending before the competent Civil Court and, therefore also, the respondent authorities ought not to have dismissed the application Page 2 of 3 C/SCA/5128/2019 ORDER of the petitioners when the Sale Deed executed in favour of the private respondents is under challenge. He, therefore, would submit that the petition be allowed and the impugned orders be quashed and set aside.
6. I have heard learned advocates appearing for the respective parties and perused the impugned orders. Without deciding the merits or case about the legality and validity of the Sale Deed by which the private respondents have purchased the property which is claimed by the petitioners as a common plot of the Society, I am of the opinion that the present petition is required to be dismissed since the petitioners have already challenged the Sale Deed executed in favour of the private respondents by way of Civil Suit and the same is pending. Hence, there is no error committed by the respondents while passing the impugned orders. Hence, the present petition stands dismissed.
7. It is needless to state that the petitioners can file an application before the learned competent Civil Court for granting relief during the pendency of the Civil Suit.
(A.J.DESAI, J) SAVARIYA Page 3 of 3