SCA/1230720/2002 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 12307 of 2002 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= CHIMANLAL UKAJI BAROT - Petitioner(s) Versus DEPUTY COLLECTOR & 1 - Respondent(s) ========================================================= Appearance : MR DK ACHARYA for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 02/12/2008 ORAL JUDGMENT 1. Though called out twice, no one was present for the petitioner. SCA/1230720/2002 2/3 JUDGMENT 2. The petitioner has challenged an order dated 27.9.2002 passed by the Collector, Palanpur by which management of the land bearing survey No.137 of Datan, belonging to the petitioner admeasuring 4 acres and 0 gunthas was taken over by the Government for a period of 10 years on the ground that the petitioner had not cultivated the land for more than two years consecutively. 3. By order dated 23.12.2002, Learned Single Judge of this Court had while issuing rule granted interim relief in terms of paragraph-15(B). In other words, execution of the impugned order was stayed. 4. It would thus appear that from the outset, the impugned order was not allowed to operate. The petitioner thus continued to enjoy the use and possession of his land. Nearly six years have passed since then. It would therefore, not be appropriate to permit the Government to operate the stay order irrespective of the nature of use of the land by the petitioner in the interregnum. 5. Under the circumstances, this petition is disposed of by clarifying that impugned order dated 27.09.2002 shall not be operative. However, it would be open for the Government to examine the nature of use of the land the SCA/1230720/2002 3/3 JUDGMENT petitioner may have put to during the pendecny of this petition. If it is found that the petitioner had even during the operation of the said order not utilised the land properly, it would be open for the Government to take appropriate steps in accordance with law after hearing the petitioner. 6. With above clarification and direction, the petition is disposed of. Rule made absolute to the above extent. (Akil Kureshi,J.) (raghu)