Kanaiyalal Somabhai Patel vs The State Of Gujarat Thru The ...

1. Rule. Learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent No.1.

2 With consent of the learned advocate appearing for the respective parties, the matter is taken up for final hearing today.

3. By way of the present petition filed under Articles 14, 19 and 226 of the Constitution of India, the following prayers have been made :

"[A] That this Honorable Court may be pleased to issue appropriate writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction to quash and set aside the impugned order dated 12.02.2019 passed by the office of respondent No. 1 at Annexure - A and further be pleased to allow this application dated 30.01.2019 in accordance with the prevailing policies of the State Government."

4. Mr. Rutvij Oza, learned advocate appearing for the petitioner, has brought to the notice of this Court several order passed in similar type of cases, which are annexed to this petition.

C/SCA/3910/2019 ORDER

5. Having heard Mr. Rutvij Oza, learned advocate appearing for the petitioner and Mr. Krutik Parikh, learned Assistant Government Pleader appearing for respondent - State, I am of the opinion that a similar order can be passed in the present petition also.

[i] Impugned order / communication dated 12.02.2019 passed by the respondent No. 1 - Authority rejecting the application dated 30.01.2019 of present petitioner for sale / transfer of the plot in question is hereby quashed and set aside. The respondent authority is hereby directed to consider the application preferred by the petitioner for transfer of the plot in accordance with law as expeditiously as possible and preferably within a period of three months from the date of receipt of present order.

6. It is hereby made clear that this Court has not examined the merits of the case.

7. Rule made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) *F.S.KAZI.....