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SCA/440/2002 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 440 of 2002
======================================
KALABHAI
DEVSHIBHAI DABHI
Versus
STATE
OF GUJARAT & OTHERS
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Appearance :
MR
ANSHIN H DESAI for the petitioner
Mr Nikunt Raval, Assistant
Government Pleader for Respondents 1 -
3.
MR HM PRACHCHHAK for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 08/10/2010
ORAL
ORDER
This
Court passed the following order on 9th October 2007:-
1. The
petitioner had made an application for grant of lands admeasuring
Acres 6-00 gunthas of Village Prempara, Taluka Visavadar on Santhri
basis. The Deputy Collector, Junagadh, by his order dated 19.8.1991
had rejected the said application on the ground that as the said
lands had not been notified on the final list, the petitioner should
make an application when such notification is issued. The petitioner
carried the matter in appeal before the Collector, Junagadh, who vide
order dated 7.4.1992 dismissed the appeal. The Revision Application
made by the petitioner challenging the said order was rejected by an
order dated 7.4.1993 on the ground that as per the policy of the
State Government waste lands which are cultivable should be disposed
of by way of Santhri. The Revisional Authority has observed that
firstly such lands should be notified in the final list and
thereafter a notification is required to be published inviting
applications in that regard. The applications are then required to
be scrutinized in accordance with the policy of the State Government
and the category is required to be determined and thereafter the
lands are to be granted on santhri on the basis of the category.
That, the subject lands have not been taken on the final list and
notification in respect of the same has not been published. Till
such procedure is followed the land cannot be granted, hence, the
reasons stated by the Deputy Collector for rejecting the claim of the
petitioner are just and proper.
2.
The grievance raised in the petition is that the subject lands
instead of being notified in the final list and being disposed of on
santhri basis have been disposed of by way of public auction, and not
in the manner specified in the order dated 22.2.1993.
3. Mr.A.J.
Desai, learned Assistant Government Pleader seeks time to take
instructions to explain as to why the authorities have deviated from
the earlier order dated 22.2.1993 and disposed of the subject lands
by way of public auction.
4. The
request is granted. The matter is accordingly, adjourned for a
period of three weeks.
Again,
on 3rd September 2010, this Court pased the following
order reiterating its earlier directions, which reads as under:-
As
per the order dated 09.10.2007 passed by the learned Single Judge,
though learned AGP sought time to take instructions to explain as to
why authorities had deviated from earlier order dated 22.02.1993 and
disposed of the subject lands by way of auction, neither explanation
nor instructions have been received till date.
As
a last opportunity, the matter is adjourned for two weeks to enable
the learned AGP to seek proper instructions or to file affidavit if
necessary in the matter.
Despite
the aforesaid two orders, no affidavit-in-reply is filed by the State
Government. As a last chance, matter is adjourned to 19th
October 2010 to enable the State Government to file its reply. If
the Collector, Junagadh is desirous of filing the reply by that date,
he can file the reply. Otherwise, he is directed to remain present
personally before this Court on the next date of hearing.
Office
is directed to supply a copy of this order to the learned AGP, Mr
Nikunt Raval, to enable him to instruct the Collector accordingly.
(K.S.Jhaveri,
J.)
*mohd
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