Gujarat High Court
Legal Heirs Of Ramjibhai Jivabhai Koli ... vs State Of Gujarat Thro Secretary & 3 on 21 July, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, Mohinder Pal
C/LPA/710/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 710 of 2014
In SPECIAL CIVIL APPLICATION NO. 14772 of 2012
With
CIVIL APPLICATION NO. 5727 of 2014
In
LETTERS PATENT APPEAL NO. 710 of 2014
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LEGAL HEIRS OF RAMJIBHAI JIVABHAI KOLI (PATEL)....Appellant(s)
Versus
STATE OF GUJARAT THRO SECRETARY & 3....Respondent(s)
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Appearance:
MR. SAHIL M SHAH, ADVOCATE for the Appellant(s) No. 1 - 1.7
MR VISHAL PATEL AGP for the Respondent(s) No. 1
MR DHAVAL D VYAS, ADVOCATE for the Respondent(s) No. 4.1 - 4.2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 21/07/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Heard learned advocate, Shri Sahil M.Shah, for the appellants and learned AGP, Shri Vishal Patel, for the State Authority and Shri Dhaval D.Vyas, for the private respondents appearing on Caveat.
2. Appellant, petitioner has challenged the order of the learned Single Judge dated 18.12.2013 passed in Page 1 of 3 C/LPA/710/2014 ORDER Special Civil Application No.14772 of 2012 by which his writ petition came to be dismissed.
3. Issue pertains to tenancy proceedings pertaining to different parcels of lands of Village: Umargam with respect to which revision application No.TEN.BS No.17/12 filed by the petitioner is pending before the Gujarat Revenue Tribunal. Gujarat Revenue Tribunal in such pending proceedings refused to grant interim injunction in favour of the petitioner upon which the petitioner filed said special civil application before this Court. Learned single Judge dismissed the petition, hence, this appeal.
4. Since the revision petition is pending before the Gujarat Revenue Tribunal and we are informed that Regular Civil Suit No.9 of 2010 filed by the petitioner against the private respondents herein, is pending before the learned Principal Civil Judge, Umargam, we dispose of this Letters Patent Appeal with a brief interim arrangement, without assigning detail reasons thereof as suggested by the advocates for the parties and so as not to prejudice either side in such pending proceedings.
5. Pending revision petition before the Tribunal, it is directed that private respondents or any of them, if they desire to sell, transfer, lease or assign or any manner create charge over any of the suit properties, they shall intimate the revenue Tribunal in writing with a copy to the petitioners 30 clear days before Page 2 of 3 C/LPA/710/2014 ORDER the date of proposed transfer. It would thereupon be open for the petitioners to seek such remedy as may be available in law. As and when such occasion arises, revenue Tribunal shall decide the issue unmindful of the observations made by the learned Single Judge in the impugned order or those contained in this appellate order. It would be open for either side to request the Tribunal to fix the early date of hearing of the revision petition.
6. With these directions, the appeal is disposed of.
7. In view of disposal of the appeal, this civil application does not survive and is disposed of.
(AKIL KURESHI, J.) (MOHINDER PAL, J.) ashish Page 3 of 3