IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2718 of 2018 ==========================================================

DECEASED - GABHAJI BECHARJI & 14 other(s)

Versus DEFENCE ESTATE OFFICER, & 1 other(s)

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Appearance:

MR SHALIN MEHTA, SENIOR ADVOCATE WITH MR MAHARSHI PATEL FOR HL PATEL ADVOCATES(2034) for the Petitioner(s) No.

1,10,11,1.1,12,1.2,13,1.3,14,1.4,15,2,2.1,2.2,3,4,5,6,6.1,6.2, 6.3,6.4,6.5,6.6,6.7,6.8,7,7.1,7.2,7.3,7.4,7.5,7.6,8,9 MR KRUTIK PARIKH, AGP for the Respondent(s) No. 2 MR ANKIT SHAH(6371) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 18/01/2024 ORAL ORDER (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The petitioners herein are claiming release of their land from the possession of the Defense Estate Officer, Gujarat Circle, Cantonment, Ahmedabad. We may record that in the order dated 02.02.2022, this Court had noted that there was an illegal possession of the Defense Estate Officer over the land in question. The Survey Team constituted under the order of this Court was not able to complete the survey on account of non-cooperation of the Defense Estate Officer. Mr.Ankit Shah, learned advocate appearing for the Defense Estate Officer, namely respondent No.1 had given an undertaking that there was some miscommunication and issue would be sorted out during the course of the day. The matter could not be taken up since thereafter.

2. We may record that at the time of admission of the writ petition, vide order dated 03.05.2019, direction was issued by way of ad-interim relief to respondent No.1, namely the Defense Estate Officer, Gujarat Circle, Cantonment, Ahmedabad to hand over possession of the land belonging to the petitioners if it is illegally occupied. It is submitted by Mr.Shalin Mehta, learned Senior Counsel appearing for the petitioners that as per his information an inspection of the land in question has been carried out. However, neither there is any affidavit on behalf of respondent No.1 about compliance of the orders dated 02.02.2022 and 03.05.2019 passed by this Court, nor the Survey Report, if any, has been brought on record.

3. On the request made by Mr.Ankit Shah, learned advocate appearing for respondent No.1, the matter is posted on 01.02.2024 to bring on record the joint survey report, if any, as also the clear stand of respondent No.1, namely the Defense Estate Officer, Gujarat Circle, Cantonment, Ahmedabad, replying to the allegations of the petitioners that land in question is in illegal possession of the Defense Estate Officer and possession thereof has not been handed over despite a categorical direction issued by this Court in the order dated 03.05.2019.

4. Mr.Krutik Parikh, learned Assistant Government Pleader appearing for the State respondent shall also complete his instructions with regard to the survey, if any, carried out and the survey report, if any, shall be brought on record by means of an affidavit of a competent officer.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J.)

GAURAV J THAKER