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SCA/14197/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14197 of
2011
=========================================================
PATEL
PRABHUDAS SHANKARLAL - Petitioner
Versus
STATE
OF GUJARAT & 2 - Respondents
=========================================================
Appearance :
MR
SHITAL R PATEL for
Petitioner : 1
GOVERNMENT PLEADER for Respondent : 1
None for
Respondents : 2 -
3.
========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 04/10/2011
ORAL
ORDER
Heard learned advocate
for the petitioner.
Learned advocate for
the petitioner has invited this Court’s attention to the
communication dated 23.10.2008 emanating from the office of the
Collector and signed by the Collector addressed to the State through
Revenue Department indicating therein unequivocally that the stand
of the State referred to in paragraph no.4 thereof is not
appropriate, in view of the fact that the premium on the land had
already been paid and the purpose
was only for extension of time
for complying with the condition of non agricultural permission.
This communication had remained dormant. The notice, therefore,
came to be issued by learned advocate on behalf
of the petitioner on 26.07.2011 to which in a mechanical way the
Section Officer of the Revenue Department has reacted and sent a
reply that the notice and proceedings are sent to Collector for
doing needful.
This, in my view, is
not the approach commensurate with the duty cast upon the State when
the concerned District Collector has unequivocally opined in his
communication dated 23.10.2008 and when the notice was sent by
learned advocate addressed to the Secretary of the Revenue
Department, then naturally Collector is not the authority to decide
or sent any reply to the petitioner and in my view, therefore, the
appropriate authority i.e. State who should have replied to the
communication in form of notice sent by learned advocate for the
petitioner.
The
notice, therefore,
is required to be issued for final disposal, returnable on
14.10.2011. It is
expected of the State to file reply, if any, clarifying as to on
what ground the communication of the Collector dated 23.10.2008 is
not acted upon. Direct service is permitted.
(S.R.BRAHMBHATT,
J.)
Pankaj
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