Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
HONOURABLE MR. MOHIT S. SHAH, HONOURABLE H.N.DEVANI, JJ
STATE OF GUJARAT & 2 – Appellant
Versus
PUSHPABEN V BHATIA & 1 – Respondent
LETTERS PATENT APPEAL No. 1541 of 2006 | SPECIAL CIVIL APPLICATION No. 4910 of 1999 | CIVIL APPLICATION No. 14368 of 2006 | LETTERS PATENT APPEAL No. 1542 of 2006 | SPECIAL CIVIL APPLICATION No. 4564 of 1999 | LETTERS PATENT APPEAL No. 1543 of 2006 | SPECIAL CIVIL APPLICATION No. 1085 of 1999 | LETTERS PATENT APPEAL No. 1544 of 2006 | SPECIAL CIVIL APPLICATION No. 1086 of 1999 | LETTERS PATENT APPEAL No. 1545 of 2006 | SPECIAL CIVIL APPLICATION No. 1089 of 1999 | LETTERS PATENT APPEAL No. 1546 of 2006 | SPECIAL CIVIL APPLICATION No. 4860 of 1999 | LETTERS PATENT APPEAL No. 1547 of 2006 | SPECIAL CIVIL APPLICATION No. 4558 of 1999 | LETTERS PATENT APPEAL No. 1548 of 2006 | SPECIAL CIVIL APPLICATION No. 1084 of 1999 | LETTERS PATENT APPEAL No. 1549 of 2006 | SPECIAL CIVIL APPLICATION No. 4829 of 1999 | LETTERS PATENT APPEAL No. 549 of 2007 | SPECIAL CIVIL APPLICATION No. 1088 of 1999 | LETTERS PATENT APPEAL No. 550 of 2007 | SPECIAL CIVIL APPLICATION No. 1087 of 1999 | LETTERS PATENT APPEAL No. 658 of 2008 | SPECIAL CIVIL APPLICATION No. 4788 of 1999

Advocates:
For the Appellants/Petitioners: MR APURVA DAVE, AGP
For the Respondents: MR PRAKASH K JANI, MR MC SHAH, MR MG NAGARKAR, MS SANDHYA NATANI, MS NISHA PARIKH

The State cannot evict longstanding leaseholders from property without sufficient evidence of ownership, asserting established lease rights and the lack of prior action.

Headnote:The Letters Patent Appeals filed by the State of Gujarat and its officers challenge a common decision of the learned Single Judge allowing several petitions. The court upheld the learned Single Judge’s ruling based on the lack of evidence and the prolonged occupation of the shops by the petitioners. Issues framed included ownership and possession rights of the plots leased since 1968. The court reasoned that the State cannot evict the petitioners given the lack of sufficient material to assert ownership and the historic leasehold rights enjoyed.

Result: The appeals are dismissed.

Table of Content
1. court's procedural inquiries and procedural questions. (Para 1)
2. background of appeals connected to previous petitions. (Para 2)
3. land ownership and historical leasing agreements. (Para 3)
4. arguments regarding governmental authority and evidence. (Para 4 , 5)
5. judicial ruling based on evidence and prior occupation. (Para 6 , 7 , 8)

ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1541 of 2006 In SPECIAL CIVIL APPLICATION No. 4910 of 1999 With CIVIL APPLICATION No. 14368 of 2006 With LETTERS PATENT APPEAL No. 1542 of 2006 In SPECIAL CIVIL APPLICATION No. 4564 of 1999 With LETTERS PATENT APPEAL No. 1543 of 2006 In SPECIAL CIVIL APPLICATION No. 1085 of 1999 With LETTERS PATENT APPEAL No. 1544 of 2006 In SPECIAL CIVIL APPLICATION No. 1086 of 1999 With LETTERS PATENT APPEAL No. 1545 of 2006 In SPECIAL CIVIL APPLICATION No. 1089 of 1999 With LETTERS PATENT APPEAL No. 1546 of 2006 In SPECIAL CIVIL APPLICATION No. 4860 of 1999 With LETTERS PATENT APPEAL No. 1547 of 2006 In SPECIAL CIVIL APPLICATION No. 4558 of 1999 With LETTERS PATENT APPEAL No. 1548 of 2006 In SPECIAL CIVIL APPLICATION No. 1084 of 1999 With LETTERS PATENT APPEAL No. 1549 of 2006 In SPECIAL CIVIL APPLICATION No. 4829 of 1999 With LETTERS PATENT APPEAL No. 549 of 2007 In SPECIAL CIVIL APPLICATION No. 1088 of 1999 With LETTERS PATENT APPEAL No. 550 of 2007 In SPECIAL CIVIL APPLICATION No. 1087 of 1999 With LETTERS PATENT APPEAL No. 658 of 2008 In SPECIAL CIVIL APPLICATION No. 4788 of 1999 For Approval and Signature:

HONOURABLE MR. JUSTICE MOHIT S. SHAH AND HONOURABLE MS.JUSTICE H.N.DEVANI ===================================================================== 2/7 ORDER 1 Whether Reporters of Local Papers may be allowed to see the judgment ? To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ===================================================================== STATE OF GUJARAT & 2 - Appellant(s) Versus PUSHPABEN V BHATIA & 1 - Respondent(s) ==================================================================== Appearance in LPA 1541/2006 in SCA 4910/1999 with LPA 549/2007 in SCA 1088/1999 with LPA 550/2007 in SCA 1087/1999 with LPA 658/2008 in SCA 4788/1999 :

MR APURVA DAVE, AGP for Appellants.

None for Respondent(s) : 1, MR PRAKASH K JANI for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.5,1.2.7 MR MC SHAH for Respondent(s) : 1.2.4, 1.2.6,1.2.8 MR MG NAGARKAR for Respondent(s) : 2, Appearance in LPA 1542/2006 in SCA 4564/1999 with LPA 1543/2006 in SCA 1085/1999 with LPA 1544/2006 in SCA 1086/1999 with LPA 1545/2006 in SCA 1089/1999 :

MS SANDHYA NATANI, AGP for Appellants.

None for Respondent(s) : 1, MR PRAKASH K JANI for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.5,1.2.7 MR MC SHAH for Respondent(s) : 1.2.4, 1.2.6,1.2.8 MR MG NAGARKAR for Respondent(s) : 2, Appearance in LPA 1546/2006 in SCA 4860/1999 with LPA 1547/2006 in SCA 4558/1999 with LPA 1548/2006 in SCA 1084/1999 with LPA 1549/2006 in SCA 4829/1999 :

MS NISHA PARIKH, AGP for Appellants.

None for Respondent(s) : 1, MR PRAKASH K JANI for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.5,1.2.7 MR MC SHAH for Respondent(s) : 1.2.4, 1.2.6,1.2.8 MR MG NAGARKAR for Respondent(s) : 2, ===================================================================== CORAM : HONOURABLE MR. JUSTICE MOHIT S. SHAH and HONOURABLE MS.JUSTICE H.N.DEVANI Date : 07/10/2008 COMMON ORAL JUDGMENT (Per : HONOURABLE MR. JUSTICE MOHIT S. SHAH) The first group of 11 appeals filed by the State of Gujarat and its officers is directed against common judgment and order dated 21.12.2005 of the learned Single Judge allowing the petitions which were filed by 3/7 ORDER the respondents herein. Letters Patent Appeal No.658 of 2008 is directed against

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