Gujarat High Court
Chimanlal Bhaichandbhai Patel Thro Poa ... vs State Of Gujarat Thro Secretary & 6 on 19 March, 2015
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
C/SCA/3249/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 3249 of 2013
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CHIMANLAL BHAICHANDBHAI PATEL THRO POA GORDHANBHAI
PUNJIRAM....Petitioner(s)
Versus
STATE OF GUJARAT THRO SECRETARY & 6....Respondent(s)
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Appearance:
MR RS SANJANWALA, SR. ADVOCATE, with MR MP PRAJAPATI,
ADVOCATE for the Petitioner(s) No. 1
MR RONAK RAVAL, ASST. GOVERNMENT PLEADER for the Respondent(s)
No. 1
MR BC SHAH, ADVOCATE for the Respondent(s) No. 5 - 6
MR HARDIK H PANDIT, ADVOCATE for the Respondent(s) No. 7
NOTICE SERVED BY DS for the Respondent(s) No. 1 - 4
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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 19/03/2015
ORAL ORDER
Rule. Service of rule is waived by learned AGP Shri Ronak Raval for respondent Nos. 1-4, learned advocate Shri BC Shah for respondent No. 5-6 and learned advocate Shri Hardik Pandit for respondent No. 7.
2. During the course of hearing, Shri BC Shah appearing as party-in-person, respondent No. 5, and as learned advocate for respondent No. 6, learned advocate Shri Hardik H. Pandit for respondent No. 7 and learned Sr. Counsel Shri R.S. Sanjanwala appearing with learned advocate Shri MP Prajapati for the petitioner have jointly requested that the matter may be remanded back to the Deputy Collector, Vyara for deciding the issue regarding the land in question afresh in accordance with law after Page 1 of 2 C/SCA/3249/2013 ORDER hearing the parties.
3. Therefore, the impugned order passed by the Dy. Collector dated 24.4.2007 at Annexure-C and the order passed by respondent No.2, Collector, Tapi dated 3.5.2011 at Annexure-B and also the order passed by respondent No. 1 at Annexure-A with regard to mutation of Entry No. 929 and other issues for the land in question are hereby quashed and set aside. The Dy. Collector, Vyara is directed to decide RTS Appeal No. 50/2006 afresh in accordance with law on its own merits after providing an opportunity to all concerned. It is also clarified that this is without prejudice to the rights and contentions of all. The respondent authority shall make an endeavour to dispose of the same preferably within a period of three months.
4. With the aforesaid observations and directions, the present petition stands allowed partly. Rule is made absolute to the aforesaid extent.
(RAJESH H.SHUKLA, J.) (hn) Page 2 of 2