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SCA/14977/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14977 of 2010
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DIPAKBHAI
MAHENDRABHAI PATEL - Petitioner(s)
Versus
DISTRICT
COLLECTOR - Respondent(s)
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Appearance :
Mr.AMIT
M. PANCHAL FOR Mr.PARTHIV B SHAH for Petitioner(s) : 1,
Ms.MANISHA
NARSINGHANI, ASST GOVERNMENT PLEADER for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 25/11/2010
ORAL
ORDER
The
papers of Special Civil Application No.1624 of 2010, which came to be
disposed of by order dated 7th July 2010 by this Court
were called for. The Registry is directed to keep the papers of that
Special Civil Application along with this matter. The learned AGP
invited attention of this Court to para 9 of the affidavit in reply
filed on behalf of respondent, affirmed by one Shri Vijay Nehra,
Collector, Vadodara in earlier petition being Special Civil
Application No.1624 of 2010, particularly, para 9, which reads as
under:
“9. Thus,
as all the procedures prescribed under the code is followed and being
completed, the decision was taken on 18.12.2009 to the effect that NA
permission is not worth granting. The same was informed to the
petitioner by way simple post on 19.12.2009 and extract of post
register is annexed herewith and marked as Annexure R-7. The decision
of non granting NA permission is based on breach of condition of
order dated 31.03.2006/ 30.06.2009. The said order was passed on the
application for removal of the restriction as prescribed under sec.43
of Tenancy Act. The transfer was sought for in favour of one Shri
Hashmukhbhai Govindbhai Gandhi. In fact the transfer has been
effected by way of sale deed in favour of one Shri Deepakbhai
Mahendrabhai Patel, the petitioner herein. Thus, there was breach of
the order itself as the order was in the name of one person while the
transfer was in the name of another person. As per the condition no.9
upon breach of any of the condition of the aforesaid order the
permission of removal of restriction under sec.43 will be revoked
automatically and proceedings shall be initiated under sec.84(C) of
Tenancy Act.”
The
learned AGP may place on record the reasons why order bears two
dates, viz. 31.03.2006 and 30.06.2009, a copy of which is available
at Annexure ‘G’, page 34. No variations are noticed in the order.
Besides, on the last page below the conditions prescribed in the
order, there is an endorsement to the effect that, “as per the
instructions given by the Revenue Department by faxed letter
no.Ganat/ 202003/ 1230/ JA dated 22nd June 2009”.
2. NOTICE
returnable on 3rd December 2010. Status quo qua the
possession of land be maintained by both the parties. So far as
ownership and construction activity is concerned the petitioner shall
maintain status quo qua the same in addition to the possession.
(RAVI
R. TRIPATHI, J.)
karim
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