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SCA/7681/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7681 of 2011
=======================================================
JORUBHAI
AALABHAI KHACHAR - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH SECRETARY & 3 -Respondent(s)
=======================================================
Appearance :
MR
CB DASTOOR for Petitioner(s) : 1,
MR PRANAV DAVE AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 23/06/2011
ORAL
ORDER
The
present petition has been filed under Articles 226, 14, 19 and 21 of
the Constitution
of India for the prayer that appropriate writ,
order or direction may be issued to the respondents to remove the
illegal encroachment made on the agricultural land bearing Survey
No.134 of Village : Totaniyana, Taluka : Valabhipur, District :
Bhavnagar.
Learned
counsel, Mr.Dastoor for the petitioner referred to the representation
at Annexure-D dated 30.05.2011 addressed to the Collector and
submitted that DLR has made report, for which, map is produced at
Annexure-C showing the illegal construction and, therefore, their
representation may be directed to be decided.
Learned
A.G.P., Mr.Dave, who appears on advance copy, submitted that the DDO
would be an appropriate authority.
Learned
counsel, Mr.Dastoor has stated that if appropriate direction may be
given to the Collector/DDO to decide his representation in accordance
with law on the basis of the report of the DILR and other records
within reasonable period, it would fulfill his grievance.
In
the circumstances, it is directed that the representation dated
30.05.2011 at Annexure-D addressed by the petitioner to the Collector
shall be decided by the Collector/DDO whosoever competent authority
in accordance with law on the basis of material and evidence
including the map at Annexure-C or the report of DILR within a period
of one month from the date of receipt of the copy of the order after
providing opportunity to all concerned.
Accordingly,
the present petition stands disposed of with aforesaid observation.
Direct
service is permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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