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SCA/3502/2010 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3502 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
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 ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
RAMILABEN
VINUBHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 5 - Respondent(s)
=========================================
Appearance :
Mrs. K.A. Mehta with
MR
NM KAPADIA for
Petitioner(s) : 1, MR MANAN A SHAH for Petitioner(s) : 1,
MR
PRANAV DAVE, ASSTT. GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2,4 - 6.
MR SHITAL R PATEL for Respondent(s) :
3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/07/2010
ORAL
JUDGMENT
1. With
the consent of learned advocates appearing for respective parties,
the applicant is permitted to amend the petition challenging the
order passed by the Collector, Surat dated 11.08.2008, which has been
impugned before the Secretary (Appeals), Revenue Department, State of
Gujarat in Revision Application No.20/2008. Petitioner to carry out
the amendment by 23rd July 2010.
2. By
way of this petition under Articles 226 and 227 of the Constitution
of India, initially petitioner had challenged the order dated
11.09.2009 passed by the Revisional Authority i.e. Secretary
(Appeals), Revenue Department, State of Gujarat in Revision
Application No.20/2008 rejecting the stay application submitted by
the petitioner to stay further implementation and operation of the
order passed by the Collector, Surat dated 11.08.2008 regularizing
the construction put up by the private respondents herein, in an
application submitted by the private respondents. However, as there
is broad consensus between learned advocates appearing for the
respective parties that as the order passed by the Collector, Surat
dated 11.08.2008 has been passed without giving any opportunity to
the petitioner, the same be quashed and set aside and the matter be
remitted to the Collector, Surat for deciding the application
submitted by the private respondents herein for regularization of the
construction put up on the land in question etc., petitioner has been
permitted to amend the petition and now the petitioner is challenging
the order passed by the Collector, Surat dated 11.08.2008.
3. Learned
advocates appearing for respective parties, more particularly, Shri
Shital Patel, learned advocate appearing on behalf of the private
respondents has stated at the Bar that concerned private respondents
have no objection if the order dated 11.08.2008 passed by the
Collector, Surat which has been impugned in the Revision Application
no.20/2008 pending before the Secretary (Appeals), Revenue
Department, State of Gujarat is quashed and set aside and the matter
is remitted to the District Collector for deciding the application
submitted by the private respondents for regularization of the
construction on the land in question etc. afresh and after giving an
opportunity to the petitioner as well as private respondents and/or
any other concerned persons. He does not invite any further reasoned
order in quashing and setting aside the order passed by the Collector
dated 11.08.2008. In view of the above, this Court does not assign
any further reasoned order while quashing and setting aside the order
passed by the Collector, Surat dated 11.08.2008 and remitting the
matter to the Collector, Surat for deciding the same afresh.
4. In
view of the above broad consensus between learned advocates appearing
on behalf of respective parties, under the instructions from the
respective clients, present petition is allowed and the order passed
by the Collector, Surat dated 11.08.2008 passed on application
submitted by the private respondents herein in regularizing the
construction on the land in question etc. which has been impugned
before the Secretary (Appeals), Revenue Department, State of Gujarat
by way of Revision Application No.20/2008, is hereby quashed and set
aside and the matter is remitted to the Collector, Surat for passing
appropriate order in accordance with law and on merits and after
giving opportunity to all concerned inclusive of the petitioner as
well as the private respondents herein. The aforesaid exercise
shall be completed within a period of three months from the date of
receipt of present order. The Collector, Surat to pass appropriate
order in accordance with law and on merits without in anyway being
influenced by the present order as the order passed by the Collector
has been set aside without giving any opportunity to the petitioner.
All contentions / defences which are available to the respective
parties under the law inclusive of the contentions on behalf of the
petitioner that once the earlier application submitted by the
original owners was rejected, such a second application is not
maintainable, are kept open and the learned Collector, Surat to
consider the same and pass appropriate order in accordance with law
and on merits.
5. In
view of the above, Secretary (Appeals), Revenue Department, State of
Gujarat is not required to pass any further order as the order
impugned in the Revision Application is set aside by this Court by
this order and petitioner to submit an appropriate application before
the Revisional Authority to dispose of the aforesaid Revision
Application in light of the order passed by this Court and the
Revisional Authority to pass a formal order either with respect to
withdrawal and/or disposal of the said Revision Application as having
become infructuous. Rule is made absolute to the aforesaid extent.
No costs. Direct service is permitted.
(M.R.
Shah, J.)
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