SCA/1207820/2002 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 12078 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 ? ========================================================= MIJAR PUNDULIK SHRINIVAS BHANDARI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR PV HATHI for Petitioner(s) : 1, MS MANISHA LAVKUMAR, AGP for Respondent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 02/12/2008 ORAL JUDGMENT Petitioner had purchased certain agricultural land in the State of Gujarat. State Authorities found that the petitioner could not have done so. SCA/1207820/2002 2/3 JUDGMENT However, in Special Civil Application No.6096 of 1991 by judgment dated 6.7.99, learned single Judge of the Court held that the initiation of the State action was belated. The impugned orders were therefore set aside. It is not in dispute that the State went in appeal before the Division Bench and thereafter before the Apex Court where also the decision of the learned Single Judge was confirmed. Despite the said position, since the revenue authorities were interfering with the mutation entries in the revenue record, the petitioner had to file the present petition seeking implementation of the order of the learned single Judge. 2. Learned single Judge of this Court by order dated 3.3.2003 granted interim relief in terms of para 13(E) of the petition which reads as follows:- “(E) To issue an interim mandatory direction to the Mamlatdar, Ranavav to restore the mutation entry in the name of the petitioner in respect of the lands in dispute admeasuring 28 acres in all situated in Village Bhod, immediately or within the time that may be specified by this Hon'ble Court.” 4. Learned AGP Ms.Shah could not state with certainty whether the said interim direction has been carried out or not. However, in the facts of the case, I find that when previously this Court as well as the Apex Court had clearly ruled in favour of the petitioner, no further litigation should have arisen. The above interim direction is, therefore, made final SCA/1207820/2002 3/3 JUDGMENT and if not already complied with, the directions shall be complied with forthwith. Rule is made absolute accordingly. No costs. (Akil Kureshi, J.) (vjn)