Gujarat High Court
Ratilal Maganlal Parmar vs Special Secretary - Appeals & 3 on 24 July, 2014
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/5454/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 5454 of 2014
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RATILAL MAGANLAL PARMAR....Petitioner(s)
Versus
SPECIAL SECRETARY - APPEALS & 3....Respondent(s)
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Appearance:
MR VIMAL A PUROHIT, ADVOCATE for the Petitioner(s) No. 1
MR ROHAN YAGNIK, AGP for the State.
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 24/07/2014
ORAL ORDER
1. Learned advocate for the petitioner submitted that the petition being Special Civil Application No.18258 of 2013 which is similar to present petition is pending in this Court.
2. Learned advocate for the petitioner relied on order dated 19.12.2013 passed in said SCA No.18258 of 2013 and submitted that in view of the fact that the said petition is pending and also considering the fact that the issue involved in present petition is pending before Hon'ble Apex Court, order similar to the order dated 19.12.2013 may be passed. The said order dated 19.12.2013 reads thus:
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"Mr. S.P.Majmudar, learned advocate for the petitioner submits that the petitioner is an agricultural, but hails form the State of Maharashtra. The petitioner has produced on record a certificate dated 02.02.2013 issued by the Tehsildar of Yawal, District Jalgaom, Maharashtra showing that the petitioner is an agriculturist is produced on record and other aspects about `will' and transfer of land, Full Bench decision of this Court is in favour of the petitioner and against which SLP is pending before Apex Court.
In view of the above, Rule.
In the meanwhile, by way of adinterim relief, the impugned order shall remain stayed and the parties are directed to maintain status quo qua the land in question.
Notice as to interim relief returnable on 9th January, 2014. Direct service is permitted."
3. Mr. Vimal A Purohit, learned advocate for the petitioner submits that the petitioner is an agriculturist. He also submitted that the petitioner has produced on record (at page 45) a certificate dated 13.07.2007 issued by the Mamlatdar of Village Mangrod, District Surat, showing that the petitioner is an agriculturist. He also submitted that the issue in present petition and other aspects about `will' and transfer of land as decided by Full Bench decision of this Court is in favour of the petitioner against which SLP is pending before Apex Court.
4. In view of the said submission and in light of the order dated 19.12.2013 in SCA No.18258 of 2013 below mentioned order is passed:
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Rule.
In the meanwhile, by way of adinterim relief, the impugned order shall remain stayed and the parties are directed to maintain status quo qua the land in question.
Notice as to interim relief returnable on 1st August, 2014.
Direct service is permitted.
(K.M.THAKER, J.) ali Page 3 of 3