LAWS(GJH)-2024-1-191

STATE OF GUJARAT Vs. REKHA SUBHASH SAGAR

Decided On January 24, 2024
STATE OF GUJARAT Appellant
V/S
Rekha Subhash Sagar Respondents

JUDGEMENT

(1.) The present intra-court appeal is filed against the judgment and order dtd. 31/3/2023 passed by the learned Single Judge, whereby the writ petition filed by the respondents herein seeking to challenge the order dtd. 27/2/2019 passed by the Revenue Department and consequential orders and communications of the Collector have been held to be untenable in the eye of law and are, accordingly, quashed and set aside.

(2.) We may note, at the outset, that by setting aside the orders passed by the Revenue Department and consequential orders of the Revenue Authorities, the learned Single Judge has directed to pass necessary orders for change of use of the land-in-question within a period of eight weeks from the date of the order i.e. 31/3/2023.

(3.) It seems that no order came to be passed in compliance of the order of the learned Single Judge and the Misc. Civil Application (extension of time) No. 2 of 2023 in Special Civil Application No. 18381 of 2017 had been filed which was allowed vide order dtd. 26/5/2023, noticing the statement of the learned Assistant Government Pleader and the stand of the applicants in the application that the Authority had received the copy of the judgment on 8/5/2023 and they needed few more weeks for passing of the orders for change of use of land-in-question. In light of the said fact, the learned Single Judge had granted six weeks further time to pass necessary orders. Misc. Civil Application filed by the State - appellants herein has been disposed of by the learned Single Judge, accordingly.