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SCA/2562/1986 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2562 of 1986
With
CIVIL
APPLICATION No. 1031 of 2010
In
SPECIAL CIVIL APPLICATION No. 2562 of 1986
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
======================================
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 ?
======================================
CHAVDA
JETUNBEN JAMSHERKHAN
Versus
DY.
COLLECTOR & OTHERS
======================================
Appearance :
MR
SUNIL K SHAH for Petitioners
RULE SERVED for Respondent (s) : 1
- 3, 5.2.1,5.2.2
MR MEHUL H RATHOD for Respondent(s) : 4,
None
for Respondent(s) : 5,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 28/10/2010
ORAL
JUDGMENT
By
way of filing the present petition, the petitioner has prayed for the
following reliefs:-
“(A) A
writ of certiorari or any other writ order or direction in the nature
of writ of certiorari be issued quashing orders at Annexures-A, A1-B.
(B) A
writ of mandamus or any other writ, order or direction be issued
directing the respondents to regularise sale of suit land in favour
of the petitioner as per Govt. Resolution dated 11.6.68 and 5-8.68;
(C) Pending
hearing and final disposal of this petition, execuiton and operation
of the orders at Annexure-A, A1-B.”
While
issuing the notice, this Court passed the following order on 7th May
1986:-
“The
petitioner agrees to deposit the amount of 75% of the value of the
land with the government and thereafter to seek regularisation under
the G.R. Dated 13.7.1983. The respondents are directed to fix that
amount before 10.6.1986 without prejudice to their contentions, if
any, against regularisation. S.O. to 18.6.1986. Notice returnable
on 18.6.1986. Ad-interim relief as to possession till 20th
June 1986. This deposit will be without prejudice to the contentions
of the petitioner.”
Mr
Shah, learned counsel for the petitioner states that pursuant to the
said order, the petitioner has already made the said payment and the
said fact is confirmed by the learned Asst.
Government Pleader, Shri Pranav Dave, on the basis of the
instructions received by him from the Collector, Banaskantha who is
present in the Court.
In
that view of the matter, the petitioner will now approach Collector,
Banaskantha and make a request for regularisation of the land and the
Collector, Banaskanth will regularise the same pursuant to order
dated 7th May 1986 passed by this Court within a period of
four months from today.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
Civil
Application No.1031 of 2010:
This
application is filed for permitting the applicants to be joined as
party respondents Nos.6, 7 and 8 in Special Civil Application No.2562
of 1986.
It
will be appropriate for the applicant to establish his rights in law.
It will not be appropriate for this Court to entertain this
application at this stage. The same is disposed of accordingly.
(K.S.Jhaveri,
J.)
*mohd
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