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SCA/929/2009 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 929 of 2009
===================================
FATHESINH
TAKHATSINH - Petitioner
Versus
STATE
OF GUJARAT & 2 - Respondents
===================================
Appearance
:
MR SP MAJMUDAR for Petitioner.
MR
NEERAJ SONI, AGP for Respondent No. 1.
None for Respondent(s) : 2
- 3.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 04/02/2009
ORAL ORDER
The petitioner has
filed this petition under Article 226 of the Constitution of India
praying for the issuance of writ of mandamus or a writ in the nature
of mandamus or any other appropriate writ, order or direction
directing the respondent No.3 to decide and make appropriate
correction in the revenue records for the land situated at Survey
No.52/2, Block No.70, village Saniyahemed, Tal. Choryasi, Dist.
Surat as per representation dated 25.07.2008.
Heard Mr. S.P.
Majmudar, learned advocate appearing for the petitioner and Mr.
Neeraj Soni, learned Assistant Government Pleader appearing for
respondent No.1.
It is the case of the
petitioner that the father of the petitioner has made representation
dated 25.07.2008 to the respondent No.3 Mamlatdar, Choryasi,
Dist. Surat to make necessary correction in the revenue records
pertaining to land situated at Revenue Survey No.52/2, Block No.70,
Tal. Choryasi, Dist. Surat. It is the say of the petitioner that in
the said land, by mistake, name of one Ramanbhai R. Patel is shown
as tenant despite the fact that there is no such tenant in the said
land. In this connection, Mr. Majmudar has submitted that the said
person may be a tenant for the land at Survey No.42/2. However, by
mistake, his name is entered in the revenue records pertaining to
the land of the petitioner. He has further submitted that the
petitioner was the owner and occupier of the land in question. On
04.02.2008, pursuant to the representation made by the father of the
petitioner, Mamlatdar and ALT had informed the petitioner that no
proceedings under Section 32 (g) of the Bombay Tenancy and
Agricultural Land Act have been undertaken with regard to the land
in question of the petitioner and there was no record for the same.
He has further submitted that vide letter dated 23.10.2008,
Mamlatdar and ALT, Surat had also informed that the land at Survey
No.42/2, proceedings under Section 32 (g) of the Tenancy Act were
initiated. As per the record given by District Inspector, Land
Records, Surat, it is informed that the name of Shri Ramanbhai R.
Patel is shown for land at Revenue Survey No.42/2 and that name of
the father of the petitioner is shown for the land at Survey
No.52/2. Considering all these facts, representation was made to
the respondent No.3. However, the said representation has still not
been decided and hence, he has requested this Court to issue
necessary directions to the respondent No.3.
Mr. Neeraj Soni,
learned Assistant Government Pleader appearing for the State
Government has submitted that though State is not affected by any
direction that may be issued by the Court, however, the interest of
said Shri Ramanbhai R. Patel be also taken care of and hence, either
he may be joined as a party in the present proceedings or Mamlatdar
may be directed to hear the said Shri Ramanbhai R. Patel before
making any correction in the revenue record.
Having heard learned
advocates appearing for the respective parties and having considered
the submissions, the Court is of the view that since the
representation is still pending before the respondent No.3,
appropriate course would be to direct him to decide the said
representation as early as possible. Accordingly, respondent No.3 is
hereby directed to decide the representation dated 25.07.2008 made
by the father of the petitioner as expeditiously as possible,
preferably within a period of one month from the date of receipt of
the writ or from the date of receipt of certified copy, whichever is
earlier. While deciding the said representation, the respondent
No.3 is hereby directed to issue notice to Shri Ramanbhai R. Patel,
whose name is found in the land bearing Revenue Survey No.52/2 as a
tenant and after considering his submissions in the matter as well
as the submissions of the petitioner, the said representation shall
be decided and appropriate order be passed.
Subject to the
aforesaid direction, this petition is accordingly disposed of. D.S.
Permitted.
Sd/-
[K. A. PUJ, J.]
Savariya
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