Vautha Siddheshwar Pachhat Varg ... vs State Of Gujarat

1. Rule. Mr.L.B.Dabhi, learned Assistant Government Pleader waives service of Rule on behalf of the respondents.

2. By way of the present petition under Articles 14, 19 and 226 of the Constitution of India, following main prayers have been made by the petitioner:

"20(A) The Hon'ble Court may be graciously pleased to admit and allow the present petition;

(B) The Hon'ble Court may also be graciously pleased to issue a writ in the nature of mandamus or any other appropriate writ, ordering and/or directing the respondents or the responsible authority of the respondent whoever is found responsible to enter the name of the petitioner Mandali permanently Page 1 of 4 C/SCA/18243/2018 ORDER in the revenue record in the light of the notification dated 19/2/2018 of the Government of Gujarat which land is under cultivation since about more than 30 years by the petitioner and its members;

IN THE ALTERNATIVE, (C) The Hon'ble Court may also be graciously pleased to issue a appropriate writ, direction and order directing the respondents or the responsible authority of the respondent whoever is found responsible to decide the last detailed application of the petitioner Mandali dated 28/12/2017 pending before the Respondent Government and/or to consider this petition as representation of the petitioner and to consider the same in the light of the aforesaid notification dated 19/2/2018 of the Government of Gujarat as expeditiously as possible in the circumstances of the case in the interest of justice;

(D) The Hon'ble Court may also be graciously pleased to pass an interim order in favour of the petitioner Mandali directing the respondents or the responsible authority of the respondent whoever is found responsible not to dispossess the petitioner Mandali and its members and/or to maintain status quo with regard to the land in question admeasuring about Acre 82.37 Gunthas Page 2 of 4 C/SCA/18243/2018 ORDER situated lying and being at village Vautha, Tal. Dholka, Dist. Ahmedabad being Plot Nos.1 to 18, 20 to 32 & 35, which is in occupation and possession of the petitioner Mandali and its members without any interruption of the Government since more than 30 years in the interest of justice pending the hearing and final disposal of this petition.

(E) The Hon'ble Court may also be graciously pleased to pass an order of ad­interim order reliefs in terms of above para(c) above.

3. It is the case of the petitioner that he is in possession of the certain land. As per government policy, they have requested the authority to regularise the same since he is in possession of the land for more than 30 years.

4. Learned advocate for the petitioner would submit that though the application has been filed in the month of December,2017, no action has been taken in the application and no order has been passed till date.

5. Having heard learned advocate for the petitioner, in my opinion, following order would meet the ends of justice:

"District Collector, Ahmedabad (Rural) is hereby directed to consider the application made by the petitioner and shall decide the same after giving an opportunity of hearing Page 3 of 4 C/SCA/18243/2018 ORDER to the petitioner or through representative and shall pass appropriate order, as early as possible and preferably within a period of four months from the date of receipt of copy of this order. It is hereby clarified that this Court has not gone into the merits of the case."

With the above observation, this petition is disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted.

[A.J.DESAI,J.] *dipti Page 4 of 4