Gujarat High Court
Hafesabanu Noor Mohammad Malek Thro ... vs State Of Gujarat & 3 on 20 January, 2014
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/8513/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 8513 of 2013
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HAFESABANU NOOR MOHAMMAD MALEK THRO HEIRS HASANBHAI
NOOR & 9....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR MM SAIYED, ADVOCATE for the Petitioner(s) No. 1 - 10
MR ROHAN YAGNIK ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1 - 4
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 20/01/2014
ORAL ORDER
1.0 Heard learned advocate for the petitioners and learned Assistant Government Pleader appearing for the respondents.
2.0 By way of present petition, the petitioners have prayed as under:
15(A) The Hon'ble Court may be pleased to issue appropriate writ, order, direction in the nature of writ be pleased to direct respondents to decide the objection of petitioner and others against exchange of Gaucher land with private land.
(B) Hon'ble court may be pleased to quash all the proceeding of scheme of consolidation of village: TARSALI whereby 84 Page 1 of 5 C/SCA/8513/2013 ORDER parcel of land are sought to be exchanged with GAUCHER land. (C) The Hon'ble court may be pleased to setaside proceeding of scheme whereby land of petitioner shown in Pare 2 of Petition is sought to be exchanged with GAUCHER land.
(D) Any other and further relief may be granted in the facts and circumstances of the case.
3.0 One of the basic grievances of all the petitioners in the above petitions is about exchange of private land with that of gaucher land and procedure of formation of scheme to be followed by the authorities under Section 20 of the Gujarat Prevention of Fragmentation and Consolidation of Holding Act and nonconsideration of objections raised by the petitioners about subject grievances of the petitions. It is submitted that because of inaction and indecisiveness on the part of the authority, the petitioners are unable to take any decision with regard to the land in question. Mr. Saiyed, learned advocate appearing for the petitioners has placed reliance on the order dated 16.09.2013 passed in Special Civil Application No. 6042 of 2012 and other allied matters and submitted that the same order may be passed in the present petition.
4.0 Heard learned advocates for parties. Order dated 16.09.2013 passed in Special Civil Application No. 6042 of 2012 and other allied matter is reproduced herein below:
1. Heard learned Counsel for the petitioner/s in each of the petitions Page 2 of 5 C/SCA/8513/2013 ORDER and learned Assistant Government Pleaders appearing in the respective petitions.
2. In all these petitions filed under Article 226 of the Constitution of India, the common prayers are made : (A) The Hon'ble court may be pleased to issue appropriate writ or order direction in the nature of writ be pleased to direct respondents to direct respondents to decide the objection of the petitioner and others against exchange of GAUCHER land with private land.
(B) Hon'ble court may be pleased to quash all the proceeding of scheme of consolidation of village: TARSALI whereby 84 parcel of land are sought to be exchanged with GAUCHER land. (C) The Hon'ble court may be pleased to setaside proceeding of scheme whereby land of petitioner shown in Pare 2 of Petition is sought to be exchanged with GAUCHER land.
(D) Any other and further relief may be granted in the facts and circumstances of the case.
3. One of the basic grievances of all the petitioners in the above petitions is about exchange of private land with that of gaucher land and procedure of formation of scheme to be followed by the authorities under Section 20 of the Gujarat Prevention of Fragmentation and Consolidation of Holding Act and non consideration of objections raised by the petitioners about subject grievances of the petitions. It is submitted that because of inaction and indecisiveness on part of the authority, the petitioners are unable to take any decision with regard to the land in question.
4. However, an affidavitinreply dated 07.08.2013 is filed by the District Inspector of Land Records in which the procedure followed by the authority is produced on record, but at the same time, by a communication dated 28.07.2012 received from the Office of the Settlement Commissioner and Director of Land Records, Gujarat State, Gandhinagar, the Superintendent (Land Records) cum Consolidation Officer, Bharuch is directed to verify Page 3 of 5 C/SCA/8513/2013 ORDER the nature of the subject land and the objections raised by the petitioners, as also other such persons with regard to exchange of gaucher land with that of private land; and upon verification of records whether any variation is necessary of land holders, proposal of all the land holders to be prepared and submitted to the Higher Officer, Office of the Settlement Commissioner and District Land Records, Gujarat.
5. The above communication is dated 28.07.2012 and therefore, in continuation thereof, the Superintendent Land Records cum Consolidation Officer, Bharuch is directed to undertake the exercise, if not undertaken so far, to prepare the list of land holders and send the proposal to the Office of the Settlement Commissioner and District Land Records, Gujarat State, preferably within a period of eight weeks from the date of receipt of writ of order of this Court.
6. In the aforesaid circumstances, the above petitions stands disposed with no order as to costs. Direct Service is permitted.
5.0 In view of the aforesaid order, the Superintendent Land Records cum Consolidation Officer, Bharuch is directed to undertake the exercise, if not undertaken so far, to prepare the list of land holders and send the proposal to the Office of the Settlement Commissioner and District Land Records, Gujarat State, preferably within a period of eight weeks from the date of receipt of writ of order of this Court.
6.0 With the above observation and direction, the above petition stands disposed of. Subject to above, notice is discharged with no order as to costs. Direct Service is permitted.
(A.J.DESAI, J.) Page 4 of 5 C/SCA/8513/2013 ORDER niru* Page 5 of 5