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Ganesh Ramjibhai Patel & vs State Of Gujarat & 4

High Court Of Gujarat|05 May, 2016
1. Mr.H.S.Munshaw, learned advocate for respondents Nos.3 and 41 has submitted a Report from the District Development Officer (respondent No.3) as per the order dated 21.08.2014, passed by this Court in the petition.
The sealed cover has been opened in the Court and the report has been perused. The said report is directed to be taken on the record of the petition.
2. As per the said report, several irregularities have been committed while auctioning the plots of land, such as :
(1) The auction is held at a lower price than the upset price.
(2) No proper publication has been made before the land was auctioned.
(3) During the auction, neither the Taluka Development Officer, nor his representative, remained present.
(4) No public notice was issued and neither were the villagers given notice regarding the auction.
3. The District Development Officer has further stated that a number of plots are open plots as of today and Gauchar land has been converted into Gamtal land. In conclusion, the District Development Officer has stated that appropriate action is being initiated against the concerned Taluka Development Officer, who is facing a Departmental Inquiry. Mr.Pathan, the then Talati­cum­Mantri, has retired on 31.03.2008 and as four years have passed since his retirement, therefore, no action can be taken against him. Another Talati­cum­Mantri, Shri V.P.Patel, has passed away on 08.07.2014. It is further submitted that the tenure of the Sarpanch at the relevant period of time, is over.
Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri May 06 03:19:03 IST 2016 C/CA/1449/2016 ORDER
4. In conclusion, the District Development Officer has stated that out of 266 plots, the auction of 53 plots is required to be set aside, as the said plots are not of Gamtal land.
5. As learned counsel for the applicant and respondents Nos.6 to 40 are not present, the application be listed on 15.06.2016.
(SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri May 06 03:19:03 IST 2016
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