Dayalbhai Maganbhai Vaghela vs State Of Gujarat & 4 on 21 April, 2015

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Gujarat High Court

Dayalbhai Maganbhai Vaghela vs State Of Gujarat & 4 on 21 April, 2015

Bench: K.M.Thaker

           C/SCA/6929/2015                                             ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              SPECIAL CIVIL APPLICATION NO. 6929 of 2015

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              DAYALBHAI MAGANBHAI VAGHELA....Petitioner(s)
                               Versus
                 STATE OF GUJARAT & 4....Respondent(s)
==================================================== ===========
Appearance:
MR NK MAJMUDAR, ADVOCATE for the Petitioner(s) No. 1
MS SHRUTI PATHAK AGP for the Respondent(s) No.1
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        CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
                     Date : 21/04/2015
                                    ORAL ORDER

Heard Ms. Himani Kinni, learned advocate, for Mr. Majmudar, learned advocate for the petitioner, and Ms. Shruti Pathak, learned AGP for the respondent State, who has appeared on advance service of copy of the petition.

2. In present petition, the petitioner has prayed, inter alia, that:-

"8B) Be pleased to issue appropriate writ, order or direction and be pleased to direct the respondent authorities to take appropriate decision and to pass appropriate order for regularization of possession of house no.49 situated in Village:

Abhrama, Tal.: Kamrej, Dist.: Surat on gamtal land Page 1 of 4 C/SCA/6929/2015 ORDER and occupation and possession of the petitioner of dwelling unit upon the aforesaid land in question be ordered to be regularized on such terms and conditions which this Hon'ble Court may deem fit in the interest of justice.

ALTERNATIVELY

c) Be pleased to issue appropriate writ, order and direction and be pleased to restrain the respondent authorities from removing the kachha-

pakka hut of the petitioner being hut/property / house no.49 situated in village: Abhrama, Tal.:

Kamrej, Dist.: Surat and be pleased to quash and set aside the proposed action of the gram panchayat authority of taking decision to evict the petitioner from the subject matter of land in question without providing alternate accommodation or alternate land to the petitioner and therefore, the said action be quashed and set aside and the Hon'ble Court be pleased to issue appropriate writ, order or direction and be pleased to grant the alternate accommodation and alternate land to the petitioner in Village: Abhrama, Tal.: Kamrej, Dist.: Surat, on such terms and conditions which this Hon'ble Court may deem fit, it the interest of justice;"

3. At the time of hearing, learned advocate for the petitioner submitted that the petitioner has submitted representation dated 7.8.2012 (Annexure-D, Page-27 to the petition) which is Page 2 of 4 C/SCA/6929/2015 ORDER still not decided. According to learned advocate for the petitioner, the petitioner seeks regularization of the land which the petitioner occupies.

4. In view of nature of request by the petitioner, it becomes clear that the petitioner is in unauthorized occupation of the land in question. However, the petitioner has also claimed that the petitioner's father has been occupying the land in question since last 50 years and that therefore, the petitioner's request for regularization of his possession / occupation is justified.

5. In view of said submission by learned advocate for the petitioner, the petition is disposed of, without expressing any opinion on merits with regard to the subject matter of the petitioner's representation and/or subject matter of present petition, with observation that the Page 3 of 4 C/SCA/6929/2015 ORDER respondent authority to whom the said representation dated 7.8.2012 is submitted, may, if the said representation is already not decided and disposed of, take up the same for consideration and appropriate action / order. 5.1 The authority will consider the case of the petitioner independently on its own merits and without treating or construing this order as any expression of opinion by the court. 5.2 The petitioner's case may be decided independently and in accordance with law and applicable rules and policy as early as possible and preferably within four months and outcome thereof may be communicated to the petitioner.

With aforesaid observation and direction, present petition stands disposed of.

(K.M.THAKER, J.) kdc Page 4 of 4

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