Gujarat High Court
Sentinel Properties Pvt Ltd Through ... vs Deputy Collector, Viramgam on 10 May, 2019
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/9411/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9411 of 2019
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SENTINEL PROPERTIES PVT LTD THROUGH KAMLESHBHAI
PARIKH
Versus
DEPUTY COLLECTOR, VIRAMGAM
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Appearance:
MR SANJANWALA, SENIOR ADVOCATE with NILAY H PATEL(7856) for the
Petitioner(s) No. 1
for the Respondent(s) No. 1,10,11,12,13,2,3,5,6,7,8,9
MR JK PARMAR(587) for the Respondent(s) No. 4
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 10/05/2019
ORAL ORDER
1. Heard Mr. Sanjanwala, learned Senior Advocate assisted by Mr.Nilay H. Patel learned advocate appearing for the petitioner and Mr.J.K.Parmar, learned advocate, who appears for respondent No.4 - Caveator.
2. It is the case of the petitioner that the impugned order has been passed by the Deputy Collector without giving opportunity of hearing to the petitioner, who was one of the respondent before the authority below.
3. Mr. Sanjanwala, learned Senior Advocate appearing for the petitioner, under instructions, states that no notice of hearing of the case was ever served to the petitioner. The observation made with regard to serving of the notice is contrary to the facts. He further states that the impugned order is also not served to the petitioner and the petitioner came to know about the order only when the same was produced before the Page 1 of 2 Downloaded on : Tue Feb 25 22:18:41 IST 2020 C/SCA/9411/2019 ORDER competent Civil Court. He further states that with regard to his above-referred statements, he averred the same in Para 3.8 and 3.9 of the petition.
4. Notice returnable on 20.06.2019. Mr. J.K.Parmar, learned advocate, waives service of notice on behalf of respondent - No.4.
5. Till then, the revenue authority shall not alter the revenue entry, which exists today, with regard to property in dispute.
6. The Deputy Collector, Viramgam, who has passed the order impugned, shall file affidavit about service of notice to the petitioner. If it is found that notice was served to the petitioner, then heavy cost shall be imposed to the petitioner.
7. Direct service is permitted.
(A.J.DESAI, J) *F.S.KAZI.....
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