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Judgment
Dr.Vineet Kothari, J
This appeal has been filed by the Appellant â€" Petitioner Sardarsinh Fulsinh Chauhan along with connected appeal which arises out of the same
cause and the Appellant â€" Petitioner seems to have availed the writ jurisdiction of this Court twice over for the same cause. This amounts to abuse
of the process of law. While dismissing the first Special Civil Application No.5380 of 1995, the learned Single Judge in the order dated 05.09.1995 held
that not only the appeal before the Tribunal under Urban Land Ceiling Act was hopelessly time barred but after issuance of Notification under Section
10(3) of the Act “even the possession of the surplus land has been taken overâ€. When the second writ petition came to be filed for the same
cause, another learned Single Judge of this Court dismissed the Special Civil Application No.9486 of 2016 on the ground of bar of res-judicata and also
held that it was an abuse of the process of law in para 13 of the said order dated 03.04.2017 (Coram : Smt.Abhilasha Kumari,J.). The Letters Patent
Appeal No.2403 of 2017 is directed against the said order of the learned Single Judge dated 03.04.2017 dismissing the Special Civil Application
No.9486 of 2016 [Sardarsinh Fulsinh Chauhan and others vs. State of Gujarat], while the connected Letters Patent Appeal No.11795 of 2018 arises
out of Special Civil Application No. 5380 of 1995 dismissed by learned Single Judge (Coram: A.N.Divecha, J.) on 05.09.1995.
Mr.Rashesh Sanjanwala, learned Senior Counsel appearing for the Appellant submitted before us that the possession of the land in question was
never taken from the Appellant-Petitioner and he sought to rely on a document of of 2014 for that purpose.
Prima facie, it is unbelievable that after the order of competent authority passed in 1985 under Section 10(3) of the ULC Act, 1976, the possession
of the land in question would not have been taken over by the competent authority under Urban Land Ceiling Act, 1976, especially when the learned
Single Judge in the order dated 05.09.1995 has noted this fact in the order.
However, to satisfy the Court about the fact of the possession taken over by the competent authorities, we grant a week's time to Mr. Utkarsh
Sharma, learned Assistant Government Pleader to produce on record the Document and file a brief Affidavit of the concerned official about the fact
of possession of the land in question taken over by the State Authorities under the provision of Urban Land Ceiling Act or not as no such Document
appears to be on record so far. Learned counsel for the Appellant may also have a look at the recent decision of the Division Bench of this Court in
case of Heirs of Deceased Jethabhai Ishwarbhai v. State of Gujarat & Ors., rendered in Letters Patent Appeal No.405 of 2017, decided on
22.01.2021.
List again on 11.02.2021.