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SCA/2504/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2504 of 2011
=========================================
HARIJAN
MEHA MAGHA & 4 - Petitioner(s)
Versus
COLLECTOR
& 3 - Respondent(s)
=========================================
Appearance
:
MS.KHUSHBOO
V MALKAN for
Petitioner(s) : 1 - 5.
MS JIRGA JHAVERI, ASSTT. GOVERNMENT PLEADER
for Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
4.
MR VIRAT G POPAT for Respondent(s) :
4,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/03/2011
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India,
petitioners, who belong to weaker section of the society and who are
allotted respective plots in question from the land which has been
declared as excess vacant land under the provisions of the Gujarat
Agricultural Land Ceiling Act, have prayed for an appropriate writ,
direction or order directing respondent Nos.1 to 3 to hand over the
peaceful and vacant possession of the land allotted to the
petitioners.
2. In
response to the notice issued by this Court, Ms. Jirga Jhaveri,
learned Assistant Government Pleader has appeared on behalf of the
State authorities and Shri Virat Popat, learned advocate has appeared
on behalf of the private respondent. An affidavit-in-reply is filed
on behalf of respondent No.3 affirmed by Mamlatdar, Vav submitting
that actual and peaceful possession of the plots in question which
are allotted to the petitioners shall be handed over to the
petitioners within a period of one week from today.
3. In
view of the above and in view of the fact that one civil suit filed
by the private respondent herein is pending, Shri Virat Popat,
learned advocate appearing on behalf of private respondent does not
invite any further reasoned order.
4. In
view of the affidavit-in-reply filed by respondent No.3 submitting
that the peaceful and vacant possession of the plots in question
shall be allotted to the petitioners within a period of one week from
today, present Special Civil Application is disposed of by directing
the concerned respondents to act as stated herein above and hand over
the peaceful and vacant possession of the plots to the respective
petitioners which are allotted to them pursuant to the order dated
04.05.1993 out of the land which is declared as excess surplus land
under the provisions of the Gujarat Agricultural Land Ceiling Act.
5. With
this, present Special Civil Application is disposed of. Direct
service is permitted.
(M.R.
Shah, J.)
*menon
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