High CourtsSingle Bench(2020) 01 GUJ CK 0124

Ninama Sardabhai Virabhai & 31 Other(s) vs Programme Administrator & 4 Other(s)

Gujarat High Court · Decided on 16 January 2020

HON’BLE JUDGES
A.J.Desai, J
RESULT
Dismissed
CASE NUMBER
R/Special Civil Application No. 3128 Of 2014

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Judgment

9 paragraphs · 368 words

A.J.Desai, J

(1) Heard the learned counsel for the parties.

(2) By way of this petition under Articles 14, 21 and 226 of the Constitution of India, the petitioners have prayed for the following reliefs:

"7(A) YOUR LORDSHIPS be pleased to admit and allow this petition, in the interest of justice;

(B) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, directing the respondents, their agents, servants, etc. not to vacate the petitioners from land bearing Survey No.55 situated at Vavdi Khurd village, Taluka­ Godhra, District­ Panchmahals and not to cause any disturbance in peaceful possession, cultivation and taking crops by the petitioners from land bearing Survey No.55 of village Vavdi Khurd, Taluka­ Godhra, District­ Panchmahal until the final disposal of the applications made by petitioner before respondent no.2­ Pranth Officer, in the interest of justice;

(C) YOUR LORDSHIPS be pleased to restrain the respondents, their agents, servants, etc. from vacating the petitioners from land bearing Survey No.55 situated at Vavdi Khurd village, Taluka­ Godhra, District­ Panchmahals and from causing any disturbance in peaceful possession, cultivation and taking crops by the petitioners from land bearing Survey No.55 of village Vavdi Khurd, Taluka­ Godhra, District­ Panchmahal until the final disposal of the application given by petitioners to respondent No.3­ Pranth Officer, Godhara, pending the admission, hearing and final disposal of this petition;

(D) YOUR LORDSHIPS be pleased to pass such other and further order as the nature and circumstances of the case may be required, in the interest of justice."

(3) By oral order dated 28/02/2014, this Court has ordered to heard this petition along with Special Civil Application No.13191 of 2013 having similar case. Coordinate bench of this Court (Coram: R.M.Chhaya, J) vide order dated 28/09/2015 disposed of the aforesaid petition being Special Civil Application No.13191 of 2015 and therefore, this petition be disposed of accordingly.

(4) In view of the aforesaid decision rendered by coordinate bench of this Court in Special Civil Application No.13191 of 2015, petitioners are at liberty to approach Additional Collector & Pranth Officer, Forest Department, Godhra, before whom the aforesaid appeal is pending and pray for expeditious disposal of the same. Petition stands dismissed accordingly. Interim relief stands vacated. No costs.