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SCA/1227120/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12271 of 2007
With
SPECIAL
CIVIL APPLICATION No. 12272 of 2007
=========================================================
CHANDUBHAI
C. ODE - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
NK MAJMUDAR for Petitioner(s) : 1,
MS BHAVIKA
KOTECHA, AGP for Respondent(s) : 1,
NOTICE SERVED for
Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 17/07/2008
ORAL
ORDER
Mr.Majmudar
is not present in the second round. Hence, dismissed for default.
(JAYANT PATEL, J.)
Date
: 18/07/2008
ORAL
ORDER
Before
the order is signed, Mr.Suthar, prays for restoration. Hence,
restored.
I
have heard the learned advocate appearing for both the sides.
The
present petition is for challenging the order passed by the
Collector and its confirmation thereof by the Director and the State
Government, whereby the application of the petitioner has been
rejected for grant of lease.
Upon
hearing the learned advocate appearing for both the sides and the
perusal of the record shows that the petitioner had applied for
grant of lease in the year 2003 for a period of 3 years. The said
period of lease has in any case expired in the year 2006.
Therefore, the petition has become infructuous and the reason being
that no lease can be granted with the retrospective effect nor the
legality and validity of the exercise of the power can be considered
after the expiry of the period of 3 years for which the petitioner
had applied for lease. Further, if the lease is to be ordered, it
will be for a fresh policy of the Government prevailing by now.
Therefore,
the petition has become infructuous. However, if the petitioner is
desirous and the policy of the Government so permits, the petitioner
may apply for fresh lease for the future period and if such an
application is made, the same may be considered and decided in
accordance with law.
The
petition is disposed of accordingly. D.S.
(JAYANT PATEL, J.)
*bjoy
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