We have heard Ms. Jirga Jhaveri, learned Assistant Government Pleader appearing for the appellant and Mr. B. M. Mangukiya, learned counsel appearing for the respondent. 2. By way of the Intra-Court Letters Patent Appeal, the appellant has challenged the judgment and order dated 14.10.2011 passed by the learned Single Judge in Special Civil Application No.14608 of 2011 with Civil Application No.10699 of 2011 whereby the Learned Single Judge allowed the petition and quashed and set aside the detention order.
3. In response to our order dated 5.3.2012, learned Assistant Government Pleader has produced detention order dated 13.9.2011. It appears from the said order that the Authority intends to detain the respondent under the provisions of Section 2 (h) i.e. “property grabber” of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'PASA Act') on the grounds mentioned in the said order.
4. It appears from the impugned judgment dated 14.10.2011 passed by the learned Single Judge in Special Civil Application No.14608 of 2011 with Civil Application No.10699 of 2011 and looking to the grounds taken in the memo of petition, the entire case was proceeded on the premise as if the respondent was to be detained under the provisions of Section 2 (c) of the PASA Act treating him as a dangerous person. Hence, though the detention order dated 13.9.2011 mentions that the respondent is a land grabber, the learned Single Judge considered the respondent to be a dangerous person and allowed the petition and quashed the detention order.
5. In our opinion, the entire case was proceeded before the learned Single Judge on a wrong footing and on non-existent grounds and, therefore, the impugned judgment and order dated 14.10.2011 passed by the learned Single Judge is required to be set aside in view of the aforesaid factual aspect.
6. In the result, the present Letters Patent Appeal succeeds and is allowed. The impugned judgment and order dated 14.10.2011 passed by the learned Single Judge in Special Civil Application No.14608 of 2011 with Civil Application No.10699 of 2011 is quashed and set aside and the writ petition being Special Civil Application No.14608 of 2011 as well as Civil Application No.10699 of 2011 is remanded back to the learned Single Judge for deciding the same afresh. We request the learned Single Judge to decide the writ petition expeditiously subject to His Lordship's convenience.
7. In view of disposal of appeal, civil application also stands disposed of accordingly. Sd/-
[V. M. SAHAI, J.] Savariya Sd/-
[A. J. DESAI, J.]