Gujarat High Court
Silicon Jewel Industries Pvt. Ltd. vs State Of Gujarat on 9 December, 2020
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/12673/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12673 of 2020
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SILICON JEWEL INDUSTRIES PVT. LTD.
Versus
STATE OF GUJARAT
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Appearance:
MR VIMAL A PUROHIT(5049) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4
MS NIDHI VYAS, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 09/12/2020
ORAL ORDER
1. By way of present petition under Article 226 of the Constitution of India, the petitioner has made following prayer in terms of para 20(A) :-
"(A) YOUR LORDSHIPS may kindly be pleased to issue a writ of mandamus, or any other appropriate writ in the nature of mandamus, order or direction quashing and setting aside the order dated 05.10.2019 passed by the learned District Collector, Bharuch in Tenancy/Vashi/2778 to 2781 as well as the order dated 07.12.2019 passed by the learned District Collector and be pleased to direct the state authorities to grant the permission under Section 63 AA of the Gujarat Tenancy and Agricultural Land Act, 1948 to the petitioner herein;"
2. The dispute relates to non grant of lease under section 63AA of the Tenancy Act and further communication dated 17.12.2019 came to be issued by the Collector, Bharuch without extending opportunity of hearing to the petitioner. At this stage without going into impropriety or illegality of the impugned order, it appears the petitioner has made representation to the respondent Collector on 17.12.2019 Page 1 of 2 Downloaded on : Fri Dec 11 01:31:21 IST 2020 C/SCA/12673/2020 ORDER annexed at Annexure K and same is yet not finalized by the respondent Collector, Bharuch.
3. In view of above position, it is legal and proper that let respondent Collector to decide said representation preferred by the petitioner after considering grounds stated in the representation and after providing personal hearing, pass appropriate order as expeditiously as possible but not later than eight weeks from the date of receipt of present order of this Court.
4. It is clarified that this Court has not examined merits of the matter at this stage and therefore, all the contentions are kept open to be agitated before the respondent Collector.
5. With above observation and direction, present petition stands disposed of. Direct service is permitted.
(S.H.VORA, J) SATISH Page 2 of 2 Downloaded on : Fri Dec 11 01:31:21 IST 2020