SCA/8762/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8762 of 2008 ========================================================= IDRISH HAFEZ AIYUB MOTA & 8 - Petitioner(s) Versus THE ADDITIONAL MAMLATDAR AND KRISHI PANCH (GANOT)CHORYASI & 1 - Respondent(s) ========================================================= Appearance : MR AMIT V THAKKAR for Petitioner(s) : 1 - 9. None for Respondent(s) : 1, MR HUKUM SINGH, AGP for Respondent(s) : 2, ========================================================= CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 01/07/2008 ORAL ORDER
1. By
filing this petition, the petitioners have prayed for the issuance
of an appropriate writ or order, directing the respondent No.1 to
register the application of the petitioners filed under the
provisions of Section 70(O) of the Bombay Tenancy and Agricultural
Lands Act, 1948 [ýSthe Actýý for short], and to decide the same on
merits, in accordance with law within a time-bound period as
stipulated by this Court.
2. I
have heard Mr.Amit V. Thakkar, learned counsel for the petitioners
and Mr.Hukum Singh, learned Assistant Government Pleader for the
respondents and have gone through the averments made in the petition
as well as the documents annexed thereto.
3. It
is submitted by Mr.Amit V. Thakkar, learned counsel for the
petitioners that the petitioners have filed the application under
Section 70(O) of the Act on 27.5.2008 and till date, the application
has not been registered.
4. The
learned counsel for the petitioners has brought to the notice of this
Court, the order dated 17th/18th/23rd
January, 2007, rendered in Special Civil Application No. 9609 of 2006
and other group matters. By the said judgment, the Circular dated
7th October, 2005, issued by the State Government, wherein
the powers under Section 70(O) of the Act, vested with the Collector
has been struck down. It is also specifically stated that the said
judgment will apply to all the cases which are pending or yet to be
decided by the Mamlatdar, under Section 70(O) of the Act.
5. Considering
the above submissions of the learned counsel for the petitioners as
well as the facts and circumstances of the case, the respondent No.1
is directed to register the application of the petitioners under
Section 70(O) of the Act, and thereafter to decide the same, in
accordance with law, as expeditiously as possible, but not later than
nine months from the date of receipt of this order.
6. The
petition is disposed of in the above terms.
Direct
Service is permitted.
(Smt.Abhilasha
Kumari, J.)
(sunil)