Gujarat High Court
Hiren Kantilal Shah vs State Of Gujarat on 27 July, 2021
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/8459/2021 ORDER DATED: 27/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8459 of 2021
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HIREN KANTILAL SHAH
Versus
STATE OF GUJARAT
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Appearance:
MS TEJAL A VASHI(2704) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3,4
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 27/07/2021
ORAL ORDER
Issue notice returnable on 06.09.2021.
Learned advocate for the petitioners submit that the despite the transaction in connection with the land in question is between the agriculturist, proceedings under Sections 63AB of the Gujarat Tenancy and Agricultural Lands Act, 1948 were undertaken and during this proceedings also, the Mamlatdar and ALT, Valsad has given a finding of fact that the seller to the petitioners himself was an agriculturist and the petitioners are also an agriculturists. Despite this, the petitioners have paid the premium, receipts of which are already produced on record. Despite this position, the impugned communication dated 24.05.2021 has been issued by the Collector holding that the transaction of 21.09.2016 (sic.) is in breach of Section 63AB of the Tenancy Act as the same is subsequent to 30.06.2015 and would not be protected under the provision.
Page 1 of 2 Downloaded on : Wed Jul 28 05:03:50 IST 2021C/SCA/8459/2021 ORDER DATED: 27/07/2021 As submitted by learned advocate for the petitioners, the registered sale deeds which are in question are 13.02.1992, 03.05.2012 and 22.08.2016 and therefore, there appears to be some error in mentioning the date of the registered document to be 21.09.2016.
In view of the aforesaid, the order dated 24.05.2021 passed by the respondent No.2-Collector is ordered to be stayed. Direct service is permitted.
(A.Y. KOGJE, J) SIDDHARTH Page 2 of 2 Downloaded on : Wed Jul 28 05:03:50 IST 2021