Dineshbhai Najabhai Dafda vs Secretary & 1

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 12026 of 2007 For Approval and Signature:

HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?

2 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 ?

========================================================= DINESHBHAI NAJABHAI DAFDA - Petitioner(s) Versus SECRETARY & 1 - Respondent(s) ========================================================= Appearance :

MR RM PARMAR for Petitioner(s) : 1, Mr. Maulik Nanavati, Asst. GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 04/05/2007 ORAL JUDGMENT Rule. Shri Maulik Nanavati, learned AGP waives service of notice of Rule on behalf of respondents No. 1 and 2. With the consent of the learned advocates appearing for the parties, the matter is taken up for Final Hearing today.

2. By way of this Special Civil Application under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction directing the respondents to act as per the resolution dated 29.9.2006 with regard to allotment of land. It appears that the petitioner has already submitted representation dated 25.3.2006 Annexure B to the petition to the District Collector, Rajkot. However, Shri Nanavati, learned AGP has submitted that no such representation is received by the District Collector. Be that it may, the petitioner may make a fresh representation to the concerned respondent and/or to the concerned Collector and if such representation is made within the period of 2 weeks from today the concerned respondents are directed to take appropriate decision in accordance with law and on merits, and considering the policy of the State Government and Government Resolutions and/or Circulars, if any, within the period of six months and communicate the outcome to the petitioner accordingly. Rule is made absolute. There shall be no order as to costs. Direct service is permitted.

[ M.R. Shah, J. ] rmr.