SIDIQ MOHAMMAD PATALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Essentially the petition is filed seeking to quash and set aside the orders dtd. 12/2/2020 and 18/1/2021 passed by the RDC, Panchmahal at Godhara. The petitioners also pray for to rehear the applications by holding the afresh proceedings by affording an opportunity of hearing and declaring the land bearing survey No.184/5 as a non-evacuee property.

(2.) Learned advocate appearing for the petitioners has based his claim on the fact that forefathers of the petitioners, in whose name the land was running had never migrated to Pakistan and had continued to reside in India till their death and for that purpose, Civil Court had issued a declaration that the death certificate issued by the concerned authorities to be true and correct.

(3.) At this stage, it would be appropriate to refer to the Annexure-F, which is an order dated 08.06/07.2005 passed by the Collector and Deputy Custodian of Evacuee Property, which has passed an order in detailed pursuant to the directions issued by this Court in order dtd. 18/8/2004 in Special Civil Application No.9855 of 2004. As per the order passed by the Collector and Deputy Custodian of Evacuee Property, the property in question was held to be evacuee property and therefore, the petitioners had also preferred a Revision Application before the Chief Settlement Commissioner in exercise of power under Sec. 23 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Learned advocate has brought to the notice of this Court that while the revision application was filed, the Act came to be repealed under the Displaced Persons Claims and Other Laws Repeal Act, 2005, which was given effect from 5/9/2005. Learned advocate has tried to submit that the revision application was indeed filed however, there is no evidence available with the office of the Chief Settlement Commissioner regarding such filing however, a parawise reply prepared by the office of the Collector in response to this revision application would indicate that some proceedings the petitioners have initiated.