Gujarat High Court Case Information System
Print
CA/11055/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 11055 of 2011
In
LETTERS
PATENT APPEAL No. 819 of 2011
To
CIVIL
APPLICATION No. 11060 of 2011
In
LETTERS PATENT APPEAL No. 824 of
2011
WITH
LETTERS
PATENT APPEAL No. 819 of 2011
To
LETTERS
PATENT APPEAL No. 824 of 2011
with
LETTERS
PATENT APPEAL No. 826 of 2011
with
CIVIL
APPLICATION NO. 5848 of 2011
=========================================================
BHOOMI
ENTERPRISE THROUGH POA RANJIT SINGH BATH -
Versus
STATE
OF GUJARAT THROUGH SPECIAL SECRETARY & 3 -
=========================================================
Appearance
:
MR
SI NANAVATI, SENIOR ADVOCATE WITH MR SP MAJMUDAR
for
applicant/s
MS KRINA CALLA, ASSTT.GOVERNMENT PLEADER for
Respondents.
=========================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. A.L.DAVE
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 20/10/2011
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. A.L.DAVE)
Rule.
Learned A.G.P. Ms.Krina Calla waives service of notice of rule for
the respondents.
2. By
this application, the original petitioners-appellants seek following
reliefs:-
“(A) Your
Lordships may be pleased to allow this Civil Application;
(B) Your
Lordships may be pleased to dispose the Civil Application as well as
Letters Patent Appeal with a direction to dispose off the Revision
Application preferably within three months from receipt of the writ
and further be pleased to direct the respondents herein to maintain
status quo till the final disposal of the Revision;
(C) such
other and further relief/s as may be deemed just in the facts and
circumstances of the present case may kindly be granted.”
3. This
Court had issued the following directions in the main appeals by
order dated 13.5.2011:-
“Notice
for final disposal returnable on 16th June, 2011.
By
ad-interim order, it is directed that the possession shall remain
with the District Collector, but the appellant shall be at the
liberty to remove the goods lying inside the premises. It is further
directed that after the goods are removed, the District Collector
shall apply the seal and at that stage, if the appellant so desires,
the appellant may also apply a lock over the premises. Both the
process shall be undertaken in presence of the representative of the
District collector as well as in presence of the appellant.
The
respondents shall also report to this Court as to why the aforesaid
interim arrangement should not be allowed to be continued untill the
revision is finally disposed of.
Direct
Service is permitted.”
4. It
is thus clear that the possession of the premises is with the
District Collector and some goods of the appellants are lying inside
the premises.
5. In
the facts and circumstances of the case, the Civil Applications and
the Letters Patent Appeals are disposed of by passing the following
order:-
6. The
revisional authority shall hear the parties and decide the Revision
Application Nos. (1) MVV/JMN/Kutchh/23/2011, (2)
MVV/JMN/Kutchh/18/2011, (3) MVV/
JMN/Kutchh/20/2011,(4)MVV/JMN/Kutchh/24/2011,
(5)MVV/JMN/Kutchh/19/2011,(6) MVV/JMN/Kutchh/22/2011, and (7)
MVV/JMN/Kutchh/25/2011, in
accordance with law, without being influenced by the orders passed in
the writ petitions. The decision would be rendered within a period of
three months from the date of receipt of this order. In the meantime,
the parties shall maintain status-quo, to mean that possession of the
premises along with the goods lying therein will remain with the
District Collector, till the decision by the revisional authority is
rendered.
7. The
Letters Patent Appeals and the Civil Applications are disposed of
accordingly. Direct Service is permitted.
[A.L.Dave,Actg.CJ.]
[J.B.Pardiwala,J.]
-patel
Top