Gujarat High Court
Ashokkumar K Jain - Through P.O.A. ... vs State Of Gujarat
Author: J.M.Panchal
Bench: J.M.Panchal
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 9306 of 1997
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ASHOKKUMAR K JAIN - THROUGH P.O.A. HOLDER
Versus
STATE OF GUJARAT
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Appearance:
MR AJ PATEL for Petitioner
SERVED BY DS for Respondent No. 1, 2
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CORAM : MR.JUSTICE J.M.PANCHAL
Date of Order: 12/01/98
ORAL ORDER
1. Rule. Heard learned counsel for the parties with regard to interim relief.
2. What is challenged in the present petition is order dated December 06, 1997 passed by the Collector, Dang, Ahwa forfeiting lease of the land admeasuring 2000 sq. yards of plot no. 26 situated at Saputara with superstructures thereon. The impugned order is passed on the footing that without permission, the petitioner had let out two rooms to someone which was contrary to condition No.5 of conditions stipulated in order April 11, 1986. Condition No.5 of the Conditions requires the plot holder to use the plot as well as construction made thereon for the purpose for which the land is allotted. Condition no. 13 specifically authorises the petitioner to lease the plot on rent to anyone. Thus, a bare reading of the impugned order makes it abundantly clear that condition no.13 was not taken into consideration before passing the impugned order. Even otherwise, letting out the rooms on rental basis would not amount to using the property for commercial purpose. It is an admitted position that before passing the impugned order, the petitioner was not called upon to show cause as to why the impugned order should not be passed nor given any opportunity of being heard at all. Thus, the impugned order has been passed in complete violation of principles of natural justice. Prima facie, the order which is challenged in the petition is ultra vires and void ab initio. Therefore, the prayer made in para - 30 (B) is granted. The Collector, Dang, Ahwa is directed to restore the possession of the property to the petitioner forthwith. Direct service is permitted.
JANUARY 12, 1997 [ J.M.PANCHAL, J. ] parmar*