Research › Search › Judgment

Gujarat High Court · body

2013 DIGILAW 338 (GUJ)

Shantilal v. Dafatari VS Competent Authority & Ex. Officio Dy. Collector

2013-06-26

Ravi R.Tripathi

body2013
Judgment Ravi R. Tripathi, J.—This is one such case which makes it clear that even after the enactment is repealed, the litigation continues. In the present case, this petition is filed on 4th June, 2003 inspired by the repeal of ULC Act, 1976. The prayer sought for is, “to issue a writ of certiorari or any other appropriate writ, directions and/or order declaring that the proceedings held by the Competent Authority beyond Section 10(2) of the Act are illegal and be further pleased to order to issue no objection certificate to the Holder of the land”. 2. What is important in the matter is reply filed by one Mr. R.K. Rathod, Competent Authority & Deputy Collector, ULC, Ahmedabad; wherein, Paragraph No. 5 onwards, it is stated like this: 5. “I say and submit that the petitioner has prayed to issue a writ of certiorari or any other appropriate writ, direction and/or order declaring that the proceedings held by the competent authority beyond Section 10(2) of the Act are illegal and be further pleased to order to issue no objection certificate to the holder of the land. In reply that to I submit that on behalf of the presnt petitioenrs the power of attorney holder Chamaklal Vallabhadas Daaftari filled up form No.1 under Section 6(1) of the Urban Land Ceiling Act, 1976 and had declared properly before the competent authority. By an order dated 17.05.1990 / 26.06.1990 the Deputy Collector declared some of the land as surplus. The details lands which have been declared are as under: Fatewadi Azadnagar Plot No.18 908.00 Sq.Mtr. “ Plot No.84 768.00 Sq.Mtr. “ Plot No.85 278.00 Sq.Mtr. Total 1954.00 Sq.Mtr. 6. Thereafter, final statement has been issued under Section 9 on 30.6.1990 to the concerned party by registered post A.D. Thereafter, notification under Section 10(1) has been issued on 18.8.1990. Notification under Section 10(3) has been issued on 24.1.1991. 7. I submit that the order passed by the Deputy Collector dated 17.5.1990 had confirmed by the O.S.D. And Addl. Collector, Government in Revenue Deptt. in Review Case No.1-3-1990 on 3.11.1995 and directed to proceed further. Accordingly notice under Section 10(5) issued on 6.7.1996 and notice given by registered post A.D. Thereafter, under Section 10 (6) had issued on 12.11.1998 to the present petitioner. Thereafter, on 30.1.1999, Maintenance Surveyor prepared panchnama and also a map and possession had been taken. Collector, Government in Revenue Deptt. in Review Case No.1-3-1990 on 3.11.1995 and directed to proceed further. Accordingly notice under Section 10(5) issued on 6.7.1996 and notice given by registered post A.D. Thereafter, under Section 10 (6) had issued on 12.11.1998 to the present petitioner. Thereafter, on 30.1.1999, Maintenance Surveyor prepared panchnama and also a map and possession had been taken. Hereto annexed and marked Annexure-R-I is a copy of panchnama.....” 3. To hear the petitioner saying that the original owner died on 19.9.1989, Power of Attorney died on 2.6.1994 and thereafter, the heirs, for the first time, came in action on 3.4.1999 will ultimately result in miscarriage of justice and therefore, the petitioner cannot be heard saying the same. As the possession is already taken on January, 1999, there is no question of entertaining this petition. Therefore, this petition is dismissed. Rule discharged. Interim relief, if any, stands vacated.