Gujarat High Court
Apar Industries vs State Of Gujarat on 8 September, 2020
Author: Ashutosh J. Shastri
Bench: Ashutosh J. Shastri
C/SCA/19588/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19588 of 2019
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APAR INDUSTRIES
Versus
STATE OF GUJARAT
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Appearance:
MR. R.D.KINARIWALA(6146) for the Petitioner(s) No. 1
MR ROHAN N SHAH ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 08/09/2020
ORAL ORDER
1. This petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs :
"7.A. Be pleased to allow this petition;
B. Be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, for quashing and setting aside the intimation dated 03.07.2019, issued by respondent no. 2 and further be pleased to direct the respondent no. 2 herein to decide the application filed by the present petitioner under Section 65(B) of the Gujarat Land Revenue Code by taking into consideration the order dated 30.10.2018, passed under Section 63AA of Gujarat Land Revenue Code.
C. Pending admission, hearing and final disposal of this petition, Be pleased to stay the execution and implementation of the intimation dated 03.07.2019, issued by the respondent no. 2 herein;
D. Be pleased to grant any other relief which deems fit and proper in he interest of justice."Page 1 of 3 Downloaded on : Tue Sep 08 23:00:10 IST 2020 C/SCA/19588/2019 ORDER
2. Aggrieved by communication dated 03.07.2019, Mr. R. D. Kinariwala, learned advocate for the petitioner, has requested to grant the relief.
3. However, after arguing for some time, and having realized, a request is made that since in communication dated 03.07.2019, an opportunity is left open for the petitioner to resubmit an application with relevant affidavit clarifying the particulars about the suit, the petitioner would like to avail that opportunity and has requested the Court not to express any opinion on merit at this juncture.
4. In view of the aforesaid submission, the present petition is requested to be disposed of with the following observations, which would meet the ends of justice.
4.1. The petitioner is permitted to prefer a fresh application in view of communication dated 03.07.2019, reflecting on page 107, within a period of two weeks from today, before the competent authority, namely, the Collector, Valsad, with relevant particulars for seeking the relief as reflecting in communication dated 03.07.2019.
Page 2 of 3 Downloaded on : Tue Sep 08 23:00:10 IST 2020 C/SCA/19588/2019 ORDER 4.2. As and when, such application is preferred by the petitioner, the authority concerned will examined the same and will take an independent decision, in accordance with law, keeping in view the settled proposition of law on the issue. The said exercise of decision making process be concluded by complying the principles of natural justice and after giving an opportunity to the petitioner and shall take an independent decision, as early as possible, preferably within a period of four weeks from the date of receipt of such application by the petitioner along with the present order.
4.3. It is made clear that since independent decision is to be taken by the competent authority, this Court, since not called upon, has not expressed any opinion on merit and it is needless to say that the authority shall take an independent decision, in accordance with law.
5. With the aforesaid observations and directions, the present petition stands disposed of as withdrawn.
(ASHUTOSH J. SHASTRI, J) SRILATHA Page 3 of 3 Downloaded on : Tue Sep 08 23:00:10 IST 2020