Gujarat High Court
Dineshbhai Shamjibhai Makwana vs State Of Gujarat on 18 November, 2021
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
C/SCA/1446/2021 ORDER DATED: 18/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1446 of 2021
==========================================================
DINESHBHAI SHAMJIBHAI MAKWANA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR KAUSHAL H PATEL(9328) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 18/11/2021
ORAL ORDER
1 Heard Mr. S.P.Majmudar, learned advocate for the petitioners.
2 Learned advocate Mr. Majmudar submits that the show cause notice issued by the authority initiating proceedings for violation of Section 63 Gujarat Tenancy and Agricultural Lands Act, 1948 (for short, `Tenancy Act') under Section 84(C) of Tenancy Act were initiated vide show cause notice dated 28.12.2020 after a period of 11 years. It is submitted that the sale in favour of the petitioner took place in the year 2009 and the show cause notice came to be issued to the petitioner after a period of 11 years.
3 Learned advocate Mr. Majmudar relies upon a judgment of Division Bench of this Court in the case Page 1 of 2 Downloaded on : Sat Nov 20 23:54:57 IST 2021 C/SCA/1446/2021 ORDER DATED: 18/11/2021 of Bharatbhai Naranbhai Vegda vs. State of Gujarat in Special Civil Application No.4370 of 2011, wherein show cause notice issued to that petitioner after considerable delay was set aside by the Division Bench of this Court by holding that the said notice was issued without jurisdiction.
4 Learned advocate Mr. Majmudar submits that considering the ratio laid down by Division Bench of this Court in the case of Bharatbhai Naranbhai Vegda (supra), a co-ordinate Bench of this Court vide order dated 26.12.2019 passed in Special Civil Application No.22972 of 2019 stayed the show cause notice impugned in that petition. According to Mr.Majmudar, the stay is still in operation.
5 In view of the above and considering the fact that in the present petition also, show cause is issued after almost 32 years as per the case of Mr. Majmudar, learned advocate for the petitioner, issue notice returnable on 15.12.2021. In the meantime, further proceedings of Tenancy Case No.96 of 2020 shall remain stayed till the next date of hearing. Direct service is permitted.
(NIRZAR S. DESAI,J) P. SUBRAHMANYAM Page 2 of 2 Downloaded on : Sat Nov 20 23:54:57 IST 2021