Gujarat High Court
Alimiya Imamali Saiyed vs State Of Gujarat on 8 December, 2020
Author: J.B.Pardiwala
Bench: J.B.Pardiwala, Ilesh J. Vora
C/LPA/859/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 859 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 13495 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 859 of 2020
With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 2 of 2020
In R/LETTERS PATENT APPEAL NO. 859 of 2020
==========================================================
ALIMIYA IMAMALI SAIYED
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR MTM HAKIM for MR R.K.MANSURI (3205) for the Appellant(s) No. 1
MR KM ANTANI and MR CHINTAN DAVE, AGPs for the Respondent - State.
for the Respondent(s) No. 1,2,3,4,5,6,7,8
==========================================================
CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
and
HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 08/12/2020
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA) ORDER ON CIVIL APPLICATION NO. 2 OF 2020 This is an application at the instance of the original appellants with a prayer that the hearing of the Letters Patent Appeal No.859 of 2020 be preponed or the Appeal may be heard at the earliest as the appellant is likely to be dispossessed from the land in question.
Having regard to the issue involved in the main Appeal, we have decided to take up the hearing of the Appeal today itself. Therefore, this Civil Application stands disposed of.
Page 1 of 3 Downloaded on : Thu Dec 10 21:39:10 IST 2020 C/LPA/859/2020 ORDERORDER ON APPEAL We have heard Mr.M.T.M.Hakim, the learned counsel, assisted by Mr.R.K.Mansuri, the learned advocate appearing for the appellant, and Mr.Chintan Dave and Mr.K.M.Antani, the learned AGPs appearing for the State respondents.
It appears that the learned Single Judge declined to entertain the writ-application filed by the appellant herein on the ground that there is an alternative efficacious remedy of appeal available to the appellant. The subject matter of challenge in the writ-application was to the order passed by the Deputy Collector dated 27th July 2020 under the provisions of Section 73AA of the Gujarat Land Revenue Code, 1879. According to the learned Single Judge, an appeal would lie against such order.
Mr.Hakim, the learned counsel appearing for the appellant, would submit that the learned Single Judge committed an error in declining to entertain the writ-application on the ground of there being an alternative efficacious remedy of appeal available to the appellant. According to Mr.Hakim, the order passed by the Deputy Collector under Section 73AA of the Code is in his capacity as a delegatee of the Collector. In such circumstances, the order passed by the Deputy Collector could be said to have been passed by the Collector or deemed to have been passed by the Collector. According to Mr.Hakim, no appeal lies against such order under Section 203 of the Code before the superior authority. Mr.Hakim next contended that the entire action initiated by the Deputy Collector under Section 73AA of the Code could be said to be without jurisdiction because the original Page 2 of 3 Downloaded on : Thu Dec 10 21:39:10 IST 2020 C/LPA/859/2020 ORDER lease deed between the State Government and his client is of the year 1979. He pointed out that Section 73AA of the Code came into force with effect from 1981. He also invited the attention of this Court to Section 69A of the Code. Section 69A of the Code is with respect to vesting of rights to mines and mineral products in the State Government.
Both the learned AGPs are requested to assist this Court on the legal issues involved in this Appeal.
Let NOTICE be issued to the respondents, returnable on 27th January 2021. In the mean time, status quo shall be maintained as regards the nature, character and possession of the land in question.
(J. B. PARDIWALA, J.) (ILESH J. VORA, J.) /MOINUDDIN Page 3 of 3 Downloaded on : Thu Dec 10 21:39:10 IST 2020