C/SCA/13412/2023 ORDER DATED: 09/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13412 of 2023 With CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 13412 of 2023 ========================================================== HIRABEN KALIDAS SOLANKI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR TATTVAM K PATEL(5455) for the Petitioner(s) No. 1,2,3,4,5,6 MR NIKUNJ KANARA, AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 09/04/2025 ORAL ORDER 1. Heard learned Senior Advocate Ms. Trusha Patel with learned Advocate Mr. Bhavesh Babariya for learned Advocate Mr. Tattvam Patel for the petitioners, learned AGP Mr. Nikunj Kanara for the respondent- State and learned Advocate Mr. A.R. Kadri for the newly joined private respondents. 2. By way of this writ petition, the petitioners have challenged an order dated 27.06.2023 passed by the Collector, Ahmedabad, more particularly rejecting an application of the petitioners for grant of NA permission with regard to the land in question on the ground that a second appeal is pending before this Court. 3. Learned Senior Advocate Ms. Patel would submit that the law on this issue is no more res integra, more particularly after the decision of C/SCA/13412/2023 ORDER DATED: 09/04/2025 learned Co-ordinate Bench of this Court in case of Tusharbhai Harjibhai Ghelani Vs. State of Gujarat, reported in 2019 (4) GLR 2578, that the only aspect which is required to be looked into is the occupation of the land and whereas the petitioners being occupiers of the land, pendency of a civil litigation, more particularly when no interim relief has been granted by the Court concerned, would not and ought not to have effected an application for grant of NA permission. 4. Learned AGP Mr. Nikunj Kanara for the respondent-State could not produce any decision of the Hon'ble Supreme Court, more particularly whereby the view taken by the learned Co-ordinate Bench in case of Tusharbhai Harjibhai Ghelani (supra), which has been confirmed by the Division Bench of this Court vide order dated 10.09.2024 in Letters Patent Appeal No. 1381 of 2024, has been negated. 5. The present petition is vehemently objected to by learned Advocate Mr. A.R. Kadri on behalf of the newly joined respondents. Learned Advocate Mr. Kadri would submit that a learned Co-ordinate Bench of this Court is already seized of the second appeal which has been preferred by the newly joined respondents, more particularly the second appeal being with regard to the rights of the newly joined respondents upon the land in question, therefore, this Court may not pass any orders as of now and may adjourn this petition till final decision in the second appeal. 6. Having heard the learned Senior Advocate as well as learned Advocates for the respective parties and having perused the documents in question, to this Court it would appear that the issue in question is no more res integra. To this Court it would appear that post the decision of the learned Co-ordinate Bench of this Court (Hon'ble Mr. Justice J.B. Pardiwala, as His Lordship then was) in case of Tusharbhai Harjibhai C/SCA/13412/2023 ORDER DATED: 09/04/2025 Ghelani (supra), the law on the aspect has been settled. The learned Co- ordinate Bench having laid down that in an application for grant of NA permission, while there is no adversarial position which could be taken, more particularly the authority concerned exercising administrative jurisdiction, the learned Co-ordinate Bench has also held that in an application for grant of NA permission, what is required to be seen is occupation of the land in question and whereas the learned Co-ordinate Bench has observed that names of the applicants appearing in the appropriate revenue record, would be sufficient proof of occupation of the party on the land in question. 6.1 As against the same, in the considered opinion of this Court, the present case stands on a much better footing, the present petitioners being occupiers of the land in question and whereas the petitioners having succeeded in both the learned Civil Court as well as the First Appellate Court and the name of the present petitioners appearing in the revenue record as occupants of the land, therefore pendency of the second appeal, should not have come in the way of the petitioners being granted NA permission with regard to the land in question. 6.2 It is further observed, to allay any apprehension by the newly joined private respondents, that as such, it is a well settled position that if any transfer or creation of rights take place pending any litigation, then the same would undoubtedly be subject to final orders that would be passed by the concerned Court in the said litigation and whereas in an application challenging an order whereby NA permission has been rejected, this Court would not pass any orders whereby the NA permission would be directed to be granted subject to the result of the second appeal. Page 3 of 4 C/SCA/13412/2023 ORDER DATED: 09/04/2025 7. Having regard to the observations hereinabove, the following directions are issued. (i) The order dated 27.06.2023 passed by the Collector, Ahmedabad, is hereby quashed and set aside. (ii) The Collector, Ahmedabad is directed to decide application preferred by the present petitioners dated 04.04.2023 for payment of premium for the purpose of NA permission afresh, strictly in accordance with law and without being influenced by the aspect which had weighed with the Collector while passing impugned order dated 27.06.2023. 8. Needless to clarify that the newly joined private respondents herein would not be entitled to object in the proceedings which will be taken up by the Collector. 9. With the above observations and directions, the present petition stands disposed of as allowed. Consequently, the connected Civil Application No. 2 of 2025 also stands disposed of. Direct service is permitted. (NIKHIL S. KARIEL,J) BDSONGARA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHUPENDRASINH DHANESINH SONGARA(HC01082), Private Secretary, at High Court of Gujarat on 16/04/2025 17:25:18