Emaai Pharma Limited Thro Managing ... vs State Of Gujarat on 28 September, 2021

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Gujarat High Court

Emaai Pharma Limited Thro Managing ... vs State Of Gujarat on 28 September, 2021

Bench: Vipul M. Pancholi

      C/SCA/14547/2020                                 IA ORDER DATED: 28/09/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


           MISC. CIVIL APPLICATION (FOR REVIEW) NO. 1 of 2021
             In R/SPECIAL CIVIL APPLICATION NO. 14547 of 2020
                                   With
     CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 2 of 2021
             In R/SPECIAL CIVIL APPLICATION NO. 14547 of 2020
                                   With
               SPECIAL CIVIL APPLICATION NO.14547 OF 2020
==========================================================

EMAAI PHARMA LIMITED THRO MANAGING DIRECTOR MADAN I JAIN Versus STATE OF GUJARAT ========================================================== Appearance:

for the PETITIONER(s) No. MR RS SANJANWALA, SENIOR ADVOCATE WITH MR AMAR D MITHANI for the PETITIONER(s) No. MS POONAM M MAHETA for the PETITIONER(s) No. NOTICE SERVED for the RESPONDENT(s) No. MS JYOTI BHATT, AGP for the Respondent-state.

========================================================== CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI Date : 28/09/2021 IA ORDER

1. This application is filed by the applicant-original petitioner with a prayer that the order dated 1.12.2020 passed by this Court in Special Civil Application No.14547 of 2020 be recalled.

2. Heard learned senior advocate Mr.Sanjanwala assisted by learned advocate Mr.Mithani for the applicant and learned AGP Ms.Jyoti Bhatt for respondent-State.

3. It is submitted by learned senior advocate appearing for the applicant that dispute is with regard to the land bearing survey number 9/ paiki/1 (New number 31) admeasuring 2-09 gunthas of Alindra, Taluka Kalol, District Panchmahal. Learned advocate has referred to the Page 1 of 3 Downloaded on : Thu Sep 30 03:12:03 IST 2021 C/SCA/14547/2020 IA ORDER DATED: 28/09/2021 averments made in the memo of the application and thereafter submitted that the applicant filed Special Civil Application No.7670 of 1999 before this Court challenging the order dated 14.8.1989 passed by the Mamlatdar and ALT as well as the order dated 30.6.1990 passed by the Deputy Collector and the order dated 30.3.1999 passed by the Gujarat Revenue Tribunal. It is submitted that this Court, vide order dated 11.12.2013 allowed the said petition and thereby quashed and set aside the impugned orders and it was declared that the transaction or the registered sale deed executed by GSFC in favour of the petitioner pursuant to the auction sale is illegal.

4. At this stage, it is contended that though the said order was passed by this Court in favour of the applicant-petitioner, once again another petition being Special Civil Application No.14547 of 2020 came to be filed by the applicant-petitioner for the reasons which are mentioned in the memo of the application. In the said petition, the order dated 30.3.1999 passed by the Gujarat Revenue Tribunal was once again challenged. This Court, vide order dated 1.12.2020, dismissed the said petition on the ground that the said petition was filed after a period of 21 years, copy of the said order is placed at page no.18 of the compilation. It is submitted that once the order in favour of the applicant-petitioner was passed by this court on 11.12.2013, the aforesaid petition being Special Civil Application No.14547 of 2020 was wrongly filed and therefore the said order dated 1.12.2020 be recalled and the present applicant-petitioner be permitted to withdraw the said petition.

5. Learned Assistant Government Pleader has taken instruction and placed on record the communication dated 28.9.2021 addressed by Mamlatdar, Kalol to the learned Assistant Government Pleader. It is submitted in the said communication that orders are not given effect to in the revenue record.

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C/SCA/14547/2020 IA ORDER DATED: 28/09/2021

6. I have considered the submissions canvassed by learned senior advocate Mr.Sanjalwala appearing for the applicant and learned Assistant Government Pleader. I have also perused the material on record.

From the record, it is clear that the order which was impugned in Special Civil Application No.14547 of 2020 i.e. the order dated 30.3.1999 passed by the Gujarat Revenue Tribunal was already challenged by the petitioner by filing Special Civil Application No.7670 of 1999 and this Court, vide order dated 11.12.2013 already quashed and set aside the said order, however, through oversight, the present applicant-petitioner filed the aforesaid petition and this Court has dismissed the said petition on the ground of delay. However, once the order impugned in the said petition was already set aside, there was no need for the applicant-petitioner to challenge the said order again.

7. In view of the above, this Miscellaneous Civil Application is allowed. The order dated 1.12.2020 passed by this Court in Special Civil Application No.14547 of 2020 is hereby recalled. The applicant is permitted to withdraw the said Special Civil Application. Special Civil Application No.14547 of 2020 stands disposed off as withdrawn. It is open for the applicant-petitioner to make necessary application before the revenue authority for implementation of the order dated 11.12.2013.

8. In view of the above, Civil Application No.2 of 2021 filed for fixing early date of hearing of Miscellaneous Civil Application No.1 of 2021 filed in Special Civil Application No.14547 of 2020 does not survive and is accordingly disposed off.

(VIPUL M. PANCHOLI, J) SRILATHA Page 3 of 3 Downloaded on : Thu Sep 30 03:12:03 IST 2021

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