SCA/5976/1997 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5976 of 1997 For Approval and Signature: HONOURABLE MS.JUSTICE H.N.DEVANI Sd/- ===================================================== 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 ? ===================================================== MANHATTAN TECHNOLOGIES PVT LTD & 1 - Petitioner(s) Versus STATE OF GUJARAT & 4 - Respondent(s) ===================================================== Appearance : MR.ABHISHEK MEHTA FOR M/S TRIVEDI & GUPTA for Petitioner. MS. DARSHANA PANDIT, ASSISTANT GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 2 - 4. MR DG CHAUHAN for Respondent(s) : 5, MR HS MUNSHAW for Respondent(s) : 5, ===================================================== CORAM : HONOURABLE MS.JUSTICE H.N.DEVANI SCA/5976/1997 2/5 JUDGMENT Date : 09/09/2005 ORAL JUDGMENT 1 By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for quashing and setting aside the order dated 31/3/1986 passed by the Deputy Secretary (Appeals) Revenue Department, Government of Gujarat and for restoration of the order dated 10.07.1981 passed by the Taluka Development Officer, Halol, District Panch Mahals. 2 Although the petitioners have made averments in support of the challenge to the impugned order (Annexure-A), it is not necessary to set out the facts in detail because the issue raised in the present petition is squarely covered by order dated 16/01/1985 passed by a Co-ordinate Bench in Special Civil Application No. 1651 of 1987 (Indian Rayon Industries Limited and Another Vs. State of Gujarat) and other connected petitions. Mr.Abhishek Mehta, learned Advocate for the petitioners has produced a photostat copy of order dated 16/01/1995 passed in SCA/5976/1997 3/5 JUDGMENT Special Civil Application No. 1651 of 1987. After going through that order, this Court is of the view that the issue raised in this petition is covered by the decision of Special Civil Application No. 1651 of 1987. Ms.Darshana Pandit, learned Assistant Government Pleader is not in a position to point out anything to the contrary. 3 The only contention raised on behalf of the respondent authority is that the impugned order has been passed on 31/03/1986 whereas the present petition has been filed in the year 1997. Hence, there is a considerable delay in challenging the said order. In paragraph Nos. 2,3 & 4, the petitioners have explained the reasons for the delay in challenging the said order. It is stated that after the purchase of the said land from the Gujarat State Financial Corporation by a sale-deed dated 05.04.1995, the petitioners had approached the Talati of village Baska with a request for incorporating the petitioner's name in the Revenue Records as the owners of the lands in question. However, the Talati orally refused to do so on the SCA/5976/1997 4/5 JUDGMENT ground that the N.A.Permission granted by the Taluka Development officer, Halol on 10/07/1981 in respect of 8700 sq.mtrs. Of Survey Nos.89 & 90 of Baska was ordered to be cancelled by the Government Order dated 31/03/1986. Thereafter, the petitioners had made representation before the State Government. However, they were intimated by the State Government vide letter dated 09/06/1997 that it was not possible for the Government to do anything administratively in the matter and advised them to approach the Court for redressal of their grievances. It is in the aforesaid circumstances, that the present petition has been moved. No affidavit-in-reply controverting the aforesaid factual averments has been filed by the respondent authorities. Hence, this Court is satisfied that the delay in filing the present petition has been sufficiently explained by the petitioners. 4 In the aforesaid circumstances, this petition is allowed in terms of the order passed in Special Civil Application No.1651 of 1987 and other connected SCA/5976/1997 5/5 JUDGMENT matters with the direction that the detailed reasons recorded in the order of the Co-ordinate Bench shall be read as part of this order. Rule is made absolute accordingly with no order as to costs. (H.N.Devani, J) m.m.bhatt