DHANJIBHAI SHAKRABHAI DAMOR SINCE DECEASED Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
Dhanjibhai Shakrabhai Damor Since Deceased
STATE OF GUJARAT
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RAJESH H.SHUKLA, J. -
(1.) THE present petition has been filed by the petitioner under Articles 14, 19(1)(e) and (g), 300A, 226 and 227 of the Constitution of India as well as under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 for the prayer inter alia that appropriate writ, order or direction may be issued quashing and setting aside the order passed by the Deputy Collector dated 29.07.2002 under Section 65 of the Act at AnnexureD and the public notice at AnnexureE on the grounds mentioned in the petition.
(2.) HEARD learned advocate, Shri J.M. Patel appearing with learned advocate, Shri A.B. Munshi for the petitioner.
Learned advocate, Shri Patel has referred to the papers and submitted that though the order has been passed by the Deputy Collector at AnnexureD in purported exercise of powers under Section 65 of the Act to take over the possession for a period of ten years, it will not have any bearing now in light of the subsequent changes. He submitted that the interim relief has been granted, which is inforce and in the year 2009, as per the Gujarat Act No.10/2009, the amendment was brought in Bombay Tenancy and Agricultural Lands Act (Gujarat Amendment) Act, 2009 dated 24.07.2009, by which, as per Clause 7, the provisions of Sections 65, 65A and 66 have been deleted. He submitted that the petition challenging the impugned order in purported exercise of power under Section 65 of the Act was pending and the interim relief was granted, however pending this petition, amendment has been brought and the provision of Section 65 has been deleted altogether. He has also referred to the additional affidavit filed by the petitioner to bring on record subsequent development and he has also referred to the order of the Hon'ble Division Bench in Letters Patent Appeal No.1380/2003 in Special Civil Application No.15551/2003 dated 02.07.2012 and emphasized that as observed in this judgment referring to the statutory amendment by the Legislature by way of Gujarat Act No.10/2009 dated 24.07.2009, Section 65 has been deleted. He further submitted that as observed, now there is no machinery available for the State to manage the lands for ten years for taking over the management and, therefore, the present petition may be allowed setting aside the order as well as the notice issued. He also referred to another order of the Hon'ble Division Bench in Letters Patent Appeal No.1164/2002 in Special Civil Application No.6025/2002 dated 21.03.2013 referring to this very aspect. He therefore submitted that the present petition may be allowed. He has also referred to the order passed by this court in Special Civil Application No.18318/2007 dated 30.11.2013.
(3.) LEARNED AGP Shri Mehta has submitted that in view of the statutory amendment by way of Gujarat Act No.10/2009 dated 24.07.2009, appropriate order may be passed.;
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