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Gujarat High Court

Saiyad Mohammadali Kadarali vs State Of Gujarat on 28 October, 2020

Author: R.M.Chhaya

Bench: R.M.Chhaya, Vaibhavi D. Nanavati

          C/WPPIL/151/2020                                          ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/WRIT PETITION (PIL) NO. 151 of 2020

==========================================================
                       SAIYAD MOHAMMADALI KADARALI
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR NL RAMNANI(2400) for the Petitioner(s) No. 1
 for the Opponent(s) No. 2,3
MR CHINTAN H DAVE, ASSISTANT GOVERNMENT PLEADER/PP(99) for
the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
           and
           HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                         Date : 28/10/2020
                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. Heard Mr. N.L. Ramnani, learned advocate for the petitioner and Mr. Chintan H. Dave, learned AGP for the respondents no.1 and 2.

2. By this petition, as a Public Interest Litigation, the petitioner has prayed for the following relief:-

"(B) This Hon'ble Court will be pleased to direct the respondent No. 1 and 2 and/or concerned Collectors of the concerned districts to take all the necessary steps immediately to strictly implement the decision of the State Government and handover the possession of the acquired lands to its original land owners/their legal heirs which lands have remained unutilized by the Government."

C/WPPIL/151/2020 ORDER

3. Record of the petition indicates that by a Resolution dated 19.02.2018, the State Government has formulated a policy in regards to the disbursement of the excess land under the provisions of the Gujarat Agricultural Land Ceiling Act, 1960 (Amended). It is mainly contended by the petitioner that as per the said policy, the same is to be returned back to the beneficiaries. Relying upon the solitary incident in case of Rameshgiri Mohangiri Gosai which is also in form of a reply given by the Executive Engineer, Capital Project Division no.2, Gandhinagar in 2014 pursuant to the application filed by Mr. Rameshgiri Mohangiri Gosai on 04.12.2014, the petitioner contends that the policy of the Government declared by Resolution dated 19.02.2018 is not followed. We do not find any material on record which remotely indicates that the policy is not being followed. There is no instance even cited at the bar that even though there is a policy, the Government does not return the land to the original owners.

In the title of the petition, the petitioner has mentioned the Gujarat Devasthan Inams Abolition Act, 1969, whereas, Resolution is in relation to the Gujarat Agricultural Land Ceiling Act, 1960. It appears to the Court that even the petitioner is not certain whether the policy applies to the Gujarat Devasthan Inams Abolition Act, 1969 also. Be that as it may; in absence of any contention supported by any material that the Government is not following the policy enunciated by it, such Public Interest Litigation by way of this petition cannot be entertained. It is also noteworthy that the petitioner has made one Sureshbhai Bhanjibhai Patel as party respondent no.3 on the averments made in Paragraph 4.8 that he is a land grabber.

C/WPPIL/151/2020 ORDER

4. We do not find any case made out by the petitioner. The petition is therefore not entertained and is hereby dismissed. However, it is expected that the State Government shall follow its own policy as per the Resolution dated 19.02.2018 and any subsequent policy thereof in accordance with law. However, there shall be no order as to costs.

(R.M.CHHAYA, J) (VAIBHAVI D. NANAVATI,J) DRASHTI K. SHUKLA / MAULIK Page 3 of 3 Downloaded on : Thu Oct 29 12:34:15 IST 2020