Kailash Darshan Agricultural Co. Op. Soc. Ltd. Petitioner(S) v. State Of Gujarat & 1 (S)

COMMON ORAL ORDER

1. Out of two, one group of petitions have been filed by the private persons for implementation of judgement and order dated 20.08.2008 passed by the Gujarat Land Revenue Tribunal, Ahmedabad and one is filed by the State of Gujarat and has challenged the said order i.e judgement and order dated 20.08.2008 The impugned common order has been passed by the Gujarat Land Revenue Tribunal, Ahmedabad in Revision Application Nos. TEN.B.A.340/96, B.A.419/96, B.A.434/96, B.A.435/96, B.A.475/96, B.A.527/96 and B.A.428/96.

2. Brief facts arise from record as under:

2.1 That subsequent to lifting the restrictions of Section 43 of the Bombay Tenency and Agricultural Land Act, 1948 by the concerned Mamlatdar, the petitioners have purchased the disputed property by registered sale deed on 23.05.1995 The restrictions, which were lifted by an order dated 7.10.1994, were challenged by the State of Gujarat before the Gujarat Revenue Tribunal by way of filing different revision applications. The said revision applications came to be allowed in favour of the State of Gujarat and the order of lifting the restrictions was set aside. However, it was held that the petitioners shall pay an amount of premium as prevailing on 23.05.1995 with 12% interest. Subsequent to the order passed by the Tribunal, the petitioners made an application to the Collector, Ahmedabad and shown their readiness and willingness to pay premium for converting the land into non agricultural use as per the observation by the Tribunal. The Collector, Ahmedabad in the year 2011 informed the petitioners that the order dated 20.08.2008 passed by the Tribunal is to be challenged before the Hon'ble High Court, and therefore, the application was dismissed. Since, the petitioners did not receive any notice with regard to the said order of the Tribunal, again the petitioners made application in the year 2012 for converting the land into non agricultural use. Since, the respondent authority did not comply with the order passed by the Tribunal, the petitioners filed group of petitions and prayed that appropriate writ may be issued and authority be directed to implement the order dated 20.08.2008 passed by the Tribunal.

3. Following prayers have been made by the petitioners in the petitions.

“[A] Issue a writ of mandamus or any other appropriate writ, order and/or directions, in the nature of mandamus, directing the Respondents, the Respondent No. 2 in particular, to determine the amount of premium for the subject land as was prevailing on 23.05.1995, within 4 weeks or with such period as may be deemed fit by this Hon'ble Court.

[B] During pendency and final disposal of this petition, the respondent No. 2 Collector may be directed to determine the amount of premium for the subject land as was prevailing on 23.05.1995, within such stipulated time as may be determined by this Hon'ble Court, in the interest of justice.

[C] Your Lordships may be pleased to pass such other and/or further orders as may be deemed fit, just and proper in the interest of justice.”

4. Notices, in each of the petitions, were issued on 14.03.2014, which were made returnable on 24.03.2014 Subsequent to service of these notices, the State of Gujarat has filed another group of petitions in the year 2014, challenging the judgement and order order dated 20.08.2008

5. The Deputy Collector (Land Reform), Ahmedabad has filed affidavit-in-reply in group of petitions filed by the private petitioners. It has been reiterated in Para - 16 of the affidvit-in-reply that for converting the new tenure land to old tenure land, the petitioners have to pay premium as per current jantri rate and the Government Resolution dated 4.7.2008

6. Mr. R.S Sanjanwala, learned Senior advocate assisted by Mr. D.K Puj, learned advocate for the petitioners would submit that the petitioners are ready and willing to pay premium as per current jantri rate and the Government Resolution dated 4.7.2008

7. Considering the facts and circumstances of the case, the following order would meet the end of justice.

[a] The petitioners shall make application to the respondent authority showing their readiness and willingness to pay premium as per current jantri rate and the Government Resolution dated 4.7.2008 within a period of three weeks from today.

[b] The authority shall consider the application and shall fix the premium as per current jantri rate and the Government Resolution dated 4.7.2008 and shall complete the entire exercise on or before 30.05.2014

[c] If the petitioners shall be granted to deposit the premium fixed by the authority, the authority shall give two weeks' time to the petitioners to deposit the said amount and on depositing the said amount, the Collector shall pass appropriate order within a period of two weeks from the date of depositing such amount.

[D] It is hoped that the State Government shall also finalize the process of confirming the price fixed by the Collector as expeditiously as possible within a period of two weeks, when the Collector forwards his order fixing the price.

8. In view of the above direction, Mr. R.S Sanjanwala, learned Senior Advocate assisted by Mr. D.K Puj, learned advocate for the petitioners does not press these petitions and seeks permission to withdraw the same. Permission, as prayed for, is granted. The present petitions are disposed of as withdrawn. Direct service is permitted.