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SCA/5587/2010 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5587 of 2010
=========================================================
MAHENDRASINH
M RATHOD & 16 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s)
=========================================================
Appearance
:
MR
BC DAVE for
Petitioner(s) : 1 - 17.
MR PRAKASH JANI, GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 04/05/2010
ORAL
ORDER
The
present petition has been preferred under Article 226 of the
Constitution of India with the following prayers:
(a) To
admit this petition and to allow the same;
(b) To
quash and set aside impugned order dated 13-4-2010 passed by the
Respondent No.3 at Annexure-D in Daban Case No.15/2009 and the
subsequent notice dated 30-4-2010 at Annexure-E passed by the
respondent no.3;
(c) Pending
the admission, hearing and final disposal of this petition, be
pleased to stay the execution, operation and implementation of the
order dated 13-4-2010 passed by the Respondent No.3 at Annexure-D in
Daban Case No.15/2009 and the subsequent notice dated 30-4-2010 at
Annexure-E passed by the respondent No.3 and further be pleased to
restrain the respondents from taking any coercive action in pursuance
of the order and notice at Annexure-D and E respectively;
(d) To
grant any other appropriate and just relief/s;
The
petitioners were employees of Abad Dairy and were occupying
residential quarters in the premises of Abad Dairy at the relevant
point of time. Subsequently, the State Government took over Abad
Dairy, by Resolution dated 03.07.2007, and the property vested in the
State Government, free from all encumbrances. The petitioners
continued to occupy quarters in the said premises. The City Mamlatdar
(respondent No.3) issued Notice dated 05.02.2009, under the
provisions of Section 61 of the Bombay Land Revenue Code, 1879, to
the petitioners, to which a reply was submitted by them. Ultimately,
proceedings under Section 61 were initiated and Notice dated
30.04.2010 under the provisions of Section 202 of the Bombay Land
Revenue Code came to be issued to the petitioners, for vacation of
the premises, within a period of three days.
I
have heard Mr.B.C.Dave, learned advocate for the petitioners and
Mr.P.K.Jani, learned Government Pleader for the respondents, perused
the averments made in the petition, contents of the impugned Notice
and other documents on record.
After
arguing for some time, Mr.B.C.Dave,learned advocate for the
petitioners states, upon instructions, that each of the petitioners
shall give an Undertaking to the effect that they are residing in the
residential quarters on the premises in question, along with their
families, and shall vacate the said premises on, or before,
31.08.2010. It is further stated by the learned advocate for the
petitioners, that the petitioners shall undertake not to claim
tenancy or any other rights in the said premises. Such Undertakings
shall be filed by the petitioners on, or before, 14.05.2010, in this
Court, and in this view of the matter, no coercive measures be taken
by the State Government, upto 31.08.2010.
The
learned Government Pleader submits that the protection granted to the
petitioners may be directed to come to an end if the Undertakings are
not filed by the petitioners within the time stipulated, or the
premises are not vacated by 31.08.2010.
In
view of the above submissions, the following order is passed:
Each
of the petitioners shall give separate Undertakings to the effect
that they shall vacate the residential quarters where they are
residing with their families, on, or before 31.08.2010. Further, they
shall not claim tenancy or any other rights, in respect of the said
residential quarters, or seek extension of time for vacation of the
premises. The said Undertakings shall be filed before this Court, on
or before 14.05.2010. It is made clear that in the event that the
Undertakings are not filed on, or before, 14.05.2010, or, if filed,
the petitioners do not vacate the quarters in question on, or before,
31.08.2010, the protection granted by this Court will come to an end
and the respondents will be at liberty to proceed with Notice dated
30.04.2010, and take action, in accordance with law. In the
eventuality that the Undertakings are filed, as above, the
petitioners shall not be evicted upto 31.08.2010. This order will
cease to operate beyond the said date. The petition is disposed of,
in the above terms.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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