Gujarat High Court
M/S Anchor Daewoo Industries Ltd vs Special Secretary ( Appeals ) on 6 August, 2021
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
C/SCA/12733/2018 IA ORDER DATED: 06/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 12733 of 2018
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M/S ANCHOR DAEWOO INDUSTRIES LTD Versus SPECIAL SECRETARY ( APPEALS ) ========================================================== Appearance:
for the PETITIONER(s) No. MR VIMAL A PUROHIT for the PETITIONER(s) No. MR KRUTIK PARIKH AGP for the RESPONDENT(s) No. ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN Date : 06/08/2021 IA ORDER
1. By this application, the applicant has prayed for fixing the date of final hearing of the captioned writ petition as expeditiously as possible.
2. Issue Rule, returnable forthwith. Mr.Krutik Parikh, learned A.G.P. waives service of notice of Rule for the respondents.
3. Mr.Viral Gurjar, learned advocate states that the applicant is the bona fide purchaser. The land was purchased by the applicant by executing the registered sale deed; however, the proceedings have been initiated under the Bombay Tenancy and Agriculture Land (Vidarbh Region & Kutch) Area Act, 1958 (hereinafter referred to as the 'Act of 1958'), which culminated into order dated 07.01.2017. The net effect of the orders would be that the transaction entered into by the applicant, so far as the Survey Nos.64 and 65 of Village: Padhhar, Taluka: Bhuj, Dist: Kutch is concerned, the same is in violation of the provisions of Section 89 of the Act of 1958. Resultantly, the mutation Entry Nos.2004 and 2093, mutated in the revenue records, have been cancelled qua the Survey Nos.64 and 65. It is submitted that the applicant has Page 1 of 2 Downloaded on : Sun Aug 08 01:57:19 IST 2021 C/SCA/12733/2018 IA ORDER DATED: 06/08/2021 invested huge amount in the land and is deprived of the development. It is also urged that though the petition is filed in the year 2018, so far, no reply has been filed.
4. Mr.Krutik Parikh, learned A.G.P. assures this Court that the reply would be filed in the captioned writ petition.
5. Let the affidavit-in-reply, if any, be filed on or before 28.09.2021.
6. Having regard to the averments made in the application so also the oral submissions made by the learned advocate for the applicant, the present civil application deserves to be allowed.
7. Accordingly, civil application stands allowed in terms of paragraph 7(B). Registry is directed to notify the captioned writ petition for hearing on 06.10.2021.
8. The civil application is disposed of. Rule is made absolute to the aforesaid extent. No order as to cost.
(SANGEETA K. VISHEN,J) Hitesh Page 2 of 2 Downloaded on : Sun Aug 08 01:57:19 IST 2021