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SCA/4229/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4229 of 2011
=========================================
BHARWAD
DHUDABHAI PUNABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
KIRTIDEV R DAVE for
Petitioner(s) : 1,
MR RAHUL K DAVE for Petitioner(s) : 1,
MR JIRGHA
JHAVERI, AGP for Respondent(s) : 1 -
2
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/04/2011
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India
the petitioner has prayed for the following reliefs;
(b) Your
Lordships be pleased to issue writ of mandamus or any other
appropriate writ, direction or order holding that the order passed by
the respondents dated 24/01/1997 in Vivad Case No. 13/1993-1997 and
confirmed by order dated 15/31-12-2003 in JMN/SNR/35/1997 is
unconstitutional, bad in law and same be quashed and set aside.
(c) Your
Lordships be further pleased to issue writ of mandamus or any other
writ, direction or order directing the respondents to consider the
case of the petitioner for continuation of grant and/or re-grant of
the land in question on suitable terms and conditions.
2. Shri
Kirtidev Dave, learned advocate appearing on behalf of the petitioner
does not press the present petition with respect to the prayer in
terms of paragraph 12(b), however has submitted that the petitioner
proposes to submit an appropriate application for re-grant of the
land in question, which can be directed to be considered in
accordance with law on its own merits.
3. In
view of the above, the present Special Civil Application is dismissed
as withdrawn so far as the prayer in terms of paragraph 12(b) is
concerned. So far as the prayer of the petitioner to re-grant the
land in question is concerned, as and when an application is
submitted by the petitioner for re-grant of the land in question the
same may be considered in accordance with law and as per the policy
of the State Government, if permissible now, for which this Court has
not expressed anything on merits and it is ultimately for the
appropriate authority to decide the same in accordance with law on
its own merits and as per the policy of the State Government, if
permissible now.
4. With
this, the present petition is dismissed.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
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