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SCA/14856/2011 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14856 of 2011
TO
SPECIAL
CIVIL APPLICATION No. 14866 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI Sd/-
HONOURABLE
MR.JUSTICE KS JHAVERI
Sd/-
======================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
======================================
ISHWARBHAI
ANANDBHAI TANK - Petitioner
Versus
STATE
OF GUJARAT & 2 - Respondents
======================================
Appearance
:
MR
D K. PUJ for Petitioner.
MR NJ SHAH, AGP for Respondent Nos.1 &
2.
None for Respondent
No.3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 07/10/2011
COMMON ORAL JUDGMENT
(Per
: HONOURABLE MR.JUSTICE KS JHAVERI)
By
means of these writ petitions, the
petitioner has prayed for the following reliefs :-
“Your
Lordships may be pleased to issue a writ of mandamus or a writ in
the nature of mandamus and/or appropriate writ, order or direction
quashing and setting aside the impugned communication dated
03.03.2011 issued by respondent No.2 asking the petitioner to hand
over the possession of the land bearing Revenue Survey No.530/1 of
the petitioner situated at Mouje Sim of Anjar, Taluka Anjar,
District Kutch, for the respondent No.3 for expansion of its Anjar
Industrial Estate;
Pending
admission and final disposal of the present petition, Your Lordships
may be pleased to restrain the respondent Nos.1, 2 and 3 from taking
any further steps and/or action for taking over possession of the
land of the petitioner bearing Revenue Survey No.530/1 of the
petitioner situated at Mouje Sim of Anjar, Taluka Anjar, District
Kutch, for the respondent No.3 for expansion of its Anjar Industrial
Estate and further be pleased to restrain the respondent authorities
from taking any further action pursuant to the communication dated
03.03.2011 issued by the respondent No.2 in the interest of justice
and equity;”
2. For
the same acquisition, earlier, the petitioner preferred Special Civil
Application Nos.8827 to 8832 with Special Civil Application No.10612
to 10617 of 2008. The said writ petitions came to be dismissed by
the judgment and order dated 14.07.2009 & 24.08.2009. Against
the said judgment, review application was preferred which was also
disposed of on 10.09.2009.
2.1 Against
the judgment of this Court dated 14.07.2009 & 24.08.2009 passed
in Special Civil Application Nos.8827 to 8832 with Special Civil
Application No.10612 to 10617 of 2008, the petitioners preferred
Special Leave to Appeal (Civil) Nos. 25754 to 25765 of 2009 before
the Hon’ble Supreme Court and the same were also dismissed on
25.08.2010. Thereafter, the petitioners preferred Review Application
as well as application for stay which are pending before the Hon’ble
Supreme Court.
3. In
that view of the matter, the impugned order dated 03.03.2011 which
came to be issued to the petitioners asking them to remain present on
01.04.2011 for handing over possession cannot be quashed as the
proceedings are already concluded. In our view, the appropriate
remedy for the petitioner is to seek appropriate relief with regard
to the order dated 03.03.2011 before the Hon’ble Supreme Court in the
pending review application. Fresh writ petitions cannot be
entertained by this Court in view of the issue already concluded by
the Division Bench of this Court as well as confirmed by the Hon’ble
Supreme Court. Therefore, these petition cannot be entertained by
this Court. Hence, the present petitions stand dismissed. No order
as to costs.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[K. S. JHAVERI, J.]
Savariya
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