Gujarat High Court
SCA/6858/1997 of VISHNUPRASAD SHYAMDAS SADHU Vs STATE OF GUJARAT on 21 October 1997
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 6858 of 1997 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? No. 2. To be referred to the
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 6858 of 1997
For Approval and Signature:
Hon'ble MR.JUSTICE M.R.CALLA
============================================================
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1. Whether Reporters of Local Papers may be allowed to see the judgements? No.
2. To be referred to the Reporter or not? No.
J
3. Whether Their Lordships wish to see the fair copy of the judgement? No.
4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? No.
5. Whether it is to be circulated to the Civil Judge?
No.
-------------------------------------------------------------- VISHNUPRASAD SHYAMDAS SADHUVersus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR MH RATHOD for Petitioner MR SATISH A. PANDYA, ASSTT. GOVT. PLEADER for Respondent No. 1, 2, 3, 4 -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 21/10/97
ORAL JUDGEMENT In this matter, the notices were issued to the respondents and were made returnable on 10th October, 1997. On 10-10-1997 learned Asst.. Govt. Pleader sought time to seek instructions.
2. I have heard learned Advocates for the parties. Rule. Mr. S.A. Pandya, learned Asst.. Govt. Pleader, waives service of notice of rule on behalf of the respondents.
3. It is submitted by Mr. Pandya, learned A.G.P. appearing on behalf of the respondents no. 1 to 4 that the land in question was in the name of the trust and the trust has sold out this land and the entries in the revenue record were made in favour of the purchaser. The petitioner herein seeks cancellation of the entries for which appropriate remedy lies before the revenue authorities i.e. the respondents no. 2 and 3. The petitioner has sought direction for initiating action for adjudication of the application dated 3rd June 1996 pending before the respondent no. 3 and a direction has also been sought against the respondents no. 2 and 3 to pass reasoned order. It has also been further prayed that the mutation entries No. 1779, 1813, 1814 and 2050 of village Nadan of Kaldi Taluka be cancelled and it may be declared that the transfer of Survey Nos. 457/1, 459, 460, 621 and 671 of village Nadan of Taluka Kadi to Ramji Mandir Trust is illegal. A direction has also been sought against the respondents to submit the record prepared by the respondent no. 4 during the preliminary inquiry and also to submit the report about the action taken pursuant to the petitioner's application.
4. Mr. Pandya, learned Asst.. Govt. Pleader submits that on the basis of the report made by the Mamlatdar action has already been initiated for review and next hearing is fixed on 11-11-1997. He has also submitted that appropriate order in accordance with law shall be passed either on 11-11-1997 or within a period of three months, from today.
5. In the facts and circumstances of this case, it is directed that the action which has been initiated on the basis of the report of the Mamlatdar shall be taken to its logical end and appropriate orders in accordance with law in the revenue proceedings shall be passed by the concerned authorities at the earliest possible opportunitty but in no case later than three months from today on the question of cancellation of the entries and the application dated 3-6-1996. This Special Civil Application is, therefore, partly allowed as above and rule is made absolute to the extent as above, with no order as to costs.