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SCA/16230/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16230 of 2011
=========================================================
JOGRANA
RANUBHAI DHARABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT THRO ADDITIONAL DIRECTOR GEOLOGY MINES AND & 1 -
Respondent(s)
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Appearance :
MR
PJ KANABAR for
Petitioner(s) : 1,
MS ASMITA PATEL, AGP for Respondent(s) :
1,
NOTICE NOT RECD BACK for Respondent(s) : 2,
DS AFF.NOT FILED
(N) for Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 18/11/2011
ORAL ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“(A) Your
Lordships be pleased to admit this Special Civil Application;
(B) Your
Lordships further be pleased to issue a writ of mandamus or any other
appropriate writ, order or direction directing respondent no.1 t
decide the petitioner’s Appeal No.525 of 2009 and if the respondent
no.1 has decided the same then the respondent no.1 may be directed to
decide the appeal at the earliest and within some time frame as
thought fit by this Hon’ble Court in the facts and the circumstances
of this case and in the interest of justice; or in the alternative;
(C) Pending
admission, hearing and final disposal of this petition, Your
Lordships be pleased to direct respondents to maintain status quo
with respect to the land survey no.1401, admeasuring 2 Hectares of
river Bhogavo, Taluka: Limbdi, District: Surendranagar, till the
petitioner’s application dated 10.2.2005 is finally decided in
accordance with law in the peculiar facts and the circumstances of
the case and in the interest of justice.
2. The
grievance of the petitioner is that the appeal filed by him in the
month of September, 2009 before respondent No.1 has still not been
decided.
3. Ms.
Asmita Patel, learned Assistant Government Pleader states, under
instructions, that the appeal shall be decided within a period of 8
weeks.
4. Mr.
P.J. Kanabar, learned advocate for the petitioner submits that
appropriate directions may be given to respondent No.1 to decide the
appeal in a time bound period.
5. Upon
the above statement being made by the learned advocates for the
respective parties, the following order is passed:-
6. Respondent
No.1 shall consider and decide the appeal filed by the petitioner
being Appeal No.525 of 2009, in accordance with law, within a period
of 8 weeks from the date of receipt of a copy of this order, without
being influenced by the factum of filing of the petition.
7. The
petition is disposed of in the above terms, without entering into the
merits of the case.
In
addition to the normal mode of service, Direct Service is also
permitted.
[SMT.
ABHILASHA KUMARI, J.]
mrpandya
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