Gujarat High Court
Kishorchandra Gaurishankar Joshi vs State Of Gujarat & 4 on 3 August, 2015
Author: K.J.Thaker
Bench: K.J.Thaker
C/SCA/5462/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 5462 of 2014
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KISHORCHANDRA GAURISHANKAR JOSHI....Petitioner(s)
Versus
STATE OF GUJARAT & 4....Respondent(s)
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Appearance:
MR AMAR D MITHANI, ADVOCATE for the Petitioner(s) No. 1
MR JK SHAH, AGP for the Respondent(s) No. 1
MR VIMAL M PATEL, ADVOCATE for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 1 - 2 , 5
NOTICE UNSERVED for the Respondent(s) No. 4
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CORAM: HONOURABLE MR.JUSTICE K.J.THAKER
Date : 03/08/2015
ORAL ORDER
By consent of learned advocates of both sides, this petition is taken up for final disposal today.
By filing this petition, the petitioner has prayed for a direction to quash and set aside the impugned orders passed by respondent no.1 dated 21.11.2013 in Revision Application No.11 of 2013 and order of Collector, Jamnagar dated 28.4.2003 in Revision Application No.21 of 2001. The petitioner also prayed to issue appropriate writ declaring that the proceedings of revision application no.21 of 2001 were not maintainable as the seller has no locus standi to put the Government machinery in motion for oblique motives and/or the proceedings were initiated beyond reasonable time of 17 years.
At the time of hearing of this petition, it is jointly submitted by Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Aug 06 01:32:54 IST 2015 C/SCA/5462/2014 ORDER learned advocates for the petitioner and respondent no.3 that there is a consensus between the parties and it is jointly requested to remand the matter back to Collector for deciding it afresh. It is stated by learned AGP that since the matter is settled only on this ground it may not be remanded to the lower authority.
In view of the consensus prevailing between the parties and considering the factual scenario that the Collector has not given any cogent reasons for exercising his jurisdiction after a period of 17 years, without going into the merits of the matter, the impugned order dated 21.11.2013 passed in Revision Application No.11 of 2013 and order of Collector, Jamnagar, dated 28.4.2003 in Revision Application No.21 of 2001 are quashed and set aside by consent. The Collector, Jamnagar, shall hear both the parties and shall decide the matter afresh in accordance with law. It is clarified that this Court has not gone into the issue whether the petitioner is an agriculturists or not.
(K.J.THAKER, J) *malek Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Aug 06 01:32:54 IST 2015