Gujarat High Court Case Information System
Print
SCA/7691/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7691 of 2011
With
CIVIL
APPLICATION No. 10357 of 2011
In
SPECIAL
CIVIL APPLICATION No. 7691 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
=================================================
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 ?
=================================================
JITEN
P MODI & 1 - Petitioners
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 3 - Respondents
=================================================
Appearance :
MR
MIHIR JOSHI, SR. COUNSEL WITH MR. SP MAJMUDAR for Petitioners:1 -
2.MR PP MAJMUDAR for Petitioners: 1 - 2.
MR. TUSHAR MEHTA, LD.
ADDL. A.G. WITH MS. V.S. PATHAK, LD. AGP for Respondent: 1,
NOTICE
SERVED BY DS for Respondent : 2 -
4.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 04/10/2011
ORAL
JUDGMENT
The
petition now is in a narrow compass as it is challenging the
stipulation under entry no. 1839 that “the entry &
transaction is subject to final outcome of SLP that may be filed in
the Supreme Court”; and also challenges entry no. 1924 dated
15/4/2011 as it contains stipulation that “the entry does not
confer any right or title upon the person”. These entries are
in respect of land bearing survey no. 14/1, city survey no. 3843 in
Dwarka Town, district Jamnagar.
It
is submitted that the Apex Court has disposed of Special Leave
Petition No. 3463 of 2011 at the threshold for which the stipulation
was made in entry no. 1839. Hence that stipulation would not now
required to be continued and it is required to be ordered to be
deleted. Orders accordingly, as there exists no justification for
that stipulation to exist on record.
So
far as the entry no. 1924 is concerned, said stipulation that “the
entry does not confer any right or title” is not to be placed
on record, as even on earlier occasion also this Court has clearly
stipulated that the entry would not confer any right or title in the
land in question upon the person in whose favour the entry is made.
Therefore this entry no. 1924 being absolutely redundant and exists
without justification on record, same is required to be deleted.
However deletion of said entry is once again required to clarified
that this would not confer any right & title by virtue of said
entry alone.
With
the above observations, the petition is disposed of. Rule made
absolute. No order as to costs.
In
view of disposal of main matter civil application would not survive
and is disposed of. Direct service permitted.
[
S.R. BRAHMBHATT, J ]
/vgn
Top