Indian Kanoon - Search engine for Indian Law

Gujarat High Court

Nareshkumar Deepchand Kothari vs State Of Gujarat on 6 September, 2019

Author: Vipul M. Pancholi

Bench: Vipul M. Pancholi

       C/SCA/15112/2019                               ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 15112 of 2019
==========================================================
             NARESHKUMAR DEEPCHAND KOTHARI
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR ANKIT Y BACHANI(5424) for the Petitioner(s) No. 1
MS JIRGA D JHAVERI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
==========================================================
 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
                    Date : 06/09/2019
                     ORAL ORDER

1. This petition is filed under Article 226 of the Constitution of India, in which, the petitioner has prayed for the following reliefs:

"(A) YOUR LORDSHIP be pleased to admit and allow the present petition in the interest of justice;

(B) YOUR LORDSHIPS be pleased to issue writ of mandamus or any other appropriate writ in the nature of mandamus directing respondent authorities to not to compellingly vacate property of petitioner bearing Plot No.1429, for mean purpose and impede them from creating any hindrance or obstruction on plot of petitioner, as well as, further be pleased to grant permission of construction of house, in the interest of justice.

(C) YOUR LORDSHIP be pleased to grant stay on the plot No.1429 and thereby, restraining respondents from forcefully vacating it, till the pending admission, hearing and final disposal of the present petition;

(D) YOUR LORDSHIP may be pleased to grant such other and further relief(s) as deemed just and Page 1 of 4 Downloaded on : Sat Sep 07 05:42:27 IST 2019 C/SCA/15112/2019 ORDER proper in the facts and circumstances of the case in the interest of justice;"

2. Heard Mr.Ankit Y. Bachani, learned advocate for the petitioner and Ms.Jirga D. Jhaveri, learned Assistant Government Pleader for the respondent State.

3. It is the case of the petitioner that he is in the ownership and possession of an ancestral property i.e. Juno Vado, which is an open Plot bearing No.1429 situated at Gamtal of Virampur, Sujalvas, Taluka Amirgadh, since last fifty years and the said land is used for his personal purpose. In the year 2012, the petitioner submitted an application before the Sarpanch, Group Gram Panchayat, Virampur for getting legal occupancy and possession of the land in question. In the said application, it is requested to make necessary entry in the revenue record. Necessary procedure was followed and, thereafter, Entry No.1587 came to be mutated in Village Aakarni records on the name of the petitioner. On 25.01.2018, the petitioner preferred Regular Civil Suit No.3 of 2018 before the concerned Civil Court for getting permanent injunction and declaration. However, at the relevant point of time, the grievance of the petitioner was resolved and, therefore, the said suit was withdrawn. Thereafter, in April, 2018, the petitioner submitted an application before respondent No.2 with a request to grant permission for carrying out construction of house on the land in question. Permission was not Page 2 of 4 Downloaded on : Sat Sep 07 05:42:27 IST 2019 C/SCA/15112/2019 ORDER given to the petitioner and, therefore, the petitioner has preferred an Appeal before the District Panchayat Appellate Committee under Section 242 of the Gujarat Panchayat Act, 1993. The grievance of the petitioner is that though the said Appeal is filed in August, 2018, till date, the said Appeal is not decided by the appellate authority. The petitioner is apprehending that the respondent authority will take coercive action against the petitioner. He, therefore, urged that appropriate direction be issued to respondent No.4 Appellate Committee to decide the Appeal within the stipulated time.

4. Having heard learned advocate for the petitioner and having gone through the material placed on record, it is revealed that the petitioner has preferred an Appeal in August, 2018 before the District Panchayat Appellate Committee. Copy of the said Appeal is produced at Page­40 of the compilation. The grievance of the petitioner is that till today, the said Appeal has not been decided. Thus, the District Panchayat Appellate Committee, respondent No.4 herein, is directed to decide the Appeal filed by the petitioner, as expeditiously as possible preferably within a period of eight weeks from the date of the receipt of a copy of this order, in accordance with law.

5. The petition is disposed of with the aforesaid direction and observation.

6. It is clarified that this Court has not examined the merits of the case.

Direct Service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 4 of 4 Downloaded on : Sat Sep 07 05:42:27 IST 2019