SCA/4954/2006 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD . SPECIAL CIVIL APPLICATION No 4954 of 2006 WITH . SPECIAL CIVIL APPLICATION No 4955 of 2006 : For Approval and Signature . . . HONOURABLE MR JUSTICE M R SHAH =========================================== ====== 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 ? =========================================== ====== . JAWAHARBHAI D PATEL THR'PAH ABDUL RAZAK HAJI LATIF - ( ) Petitioner s Versus & & STATE OF GUJARAT THR'MAMLATDAR KRUSHI PANCH - ( ) 2 Respondent s =========================================== ============== : Appearance ( ) : , MR DN KIRATSATA for Petitioner s 1 ( ) : , MR DIPEN DESAI AGP for Respondent s 1 ( ) : - . RULE SERVED BY DS for Respondent s 1 2 ( ) : , MR PRANAV V SHAH for Respondent s 3 =========================================== ============== : CORAM . . . HONOURABLE MR JUSTICE M R SHAH SCA/4954/2006 2/5 JUDGMENT : / / Date 13 06 2006 CAV JUDGMENT . 1 As the common question of facts and law arises in , both these petitions the same are being disposed of . by this common judgement and order . 2 , At the outset it is required to be noted that this matter came to be adjourned time and again and all , through out the learned advocate appearing on . behalf of the respective petitioners remained absent In view of the fact stay was operating against the State Government and the present petition being against the show cause notice only and further , . , proceedings were stayed Mr Desai learned AGP . , insisted for hearing of both the petitions Lastly the / / matters were placed on 27 4 2006 and it was - reported that there was a sick note of learned advocate appearing on behalf of the respective , petitioners and therefore this Court passed the ; following order - . . . There is a sick note of ld Ad for the petitioner Shri , , . Dipen Desai ld AGP has prayed for hearing , , . . However in the interest of justice S O to 29th , April . - . 2006 To be placed in Bord 1 On that date SCA/4954/2006 3/5 JUDGMENT - - irrespective of sick note or leave note the matter . - will be decided on merits Ad interim relief to .” continue till then . 3 / / , , That on 29 4 2006 inspite of the aforesaid order nobody remained present on behalf of the respective , petitioners and therefore this Court has taken the - . aforesaid petitions for hearing ex parte . 4 It appears from the record and pleadings in the petition that by way of the present petitions the respective petitioners have challenged the show . / / cause notices dtd 8 2 2006 issued in Tenancy Case . , , NO 27 and 24 of 2006 by which the petitioners are , directed to appear before the the Mamlatdar and ALT / / Dabhoi on 27 2 2006 and are called upon to show . ( ) cause for breach of sec 2 6 and 63 of the Act read . ( ) with sec 84 C of the Bombay Tenancy Act ( “ ” ). hereinafter referred to as the Act for short As , such there are no grounds mentioned in the petitions . on which the show cause notices are challenged , However it appears that as earlier with regard to the , very land in question this Court allowed Special Civil . Application No 3890 of 1990 quashing and setting aside the order passed by the authorities taking the - - order of Non Agricultural Use Permission under suo SCA/4954/2006 4/5 JUDGMENT motu revision and the said Special Civil Application was allowed on the ground that the authority initiated . the proceedings after unreasonable delay It is required to be noted that at present the proceedings . are at the stage of show cause notice By issuing the , impugned notices the petitioners are called upon to , appear before the the Mamlatdar and ALT Dabhoi for . ( ) breach of sec 2 6 and 63 of the Act and the petitioners will be given ample opportunity to , represent their case and at that time the petitioners can raise all the grounds available to the petitioners inclusive of the grounds raised in the memo of these petitions including the ground that the proceedings . , are initiated after unreasonable delay Normally Special Civil Applications against the show cause notices are not entertained and the parties are relegated to appear before the concerned authority / unless the proceedings action is absolutely wholly . without jurisdiction It is not the case of the petitioners in the petitions that the proceedings initiated pursuant to the show cause notice . / / . ( ) dtd 8 2 2006 for breach of sec 2 6 and 63 of the Act . , are without jurisdiction Under the circumstances the present petitions against the show cause notice being SCA/4954/2006 5/5 JUDGMENT , . premature are not entertained . 5 , However it will be open for the petitioners to raise all the contentions available to them under the law / inclusive of the plea of limitation and or exercise of . the powers beyond reasonable period , The Mamlatdar and ALT Dabhoi is directed to consider all the submissions that may be made by the petitioners and to pass appropriate order in . accordance with law and on merits . 6 , With the aforesaid observations and directions both . . - the petitions are dismissed Rule is discharged Ad . interim relief granted earlier stands vacated forthwith , . However there will be no order as to costs rafik ( . . , .) M R SHAH J