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LPA/1374/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1374 of 2010
In
SPECIAL CIVIL APPLICATION No. 6999 of 2009
With
CIVIL
APPLICATION No. 6368 of 2010
In
LETTERS PATENT APPEAL No. 1374 of
2010
=================================================
KAHERBHAI
DAHYABHAI KOLI - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=================================================
Appearance
:
MRYJPATEL
for Appellant(s) : 1,
MR JASWANT K. SHAH AGP for Respondent(s) :
1,
None for Respondent(s) :
2,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 11/08/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
1. The
land in question was originally alloted in favour of the petitioner
in 1971, but having not utilized for the purpose for which it was
allotted, the allotment was cancelled on 24.08.1984. After 22 years,
the petitioner challenged the same, that too without enclosing the
order. The Collector, Surendranagar, in appeal having rejected the
prayer on the ground of delay, the petitioner moved before the
revisional authority, who also rejected the revision application on
24.02.2009 on the same ground of delay.
2. The
only plea taken by the petitioner is that the order dated 24.08.1984
was not made known to him, and no notice was given prior to issuance
of the same.
3. Per
contra, according to Mr. Jaswant K. Shah, learned A.G.P., who
accepted the notice and waived, the petitioner never utilized the
land for which it was allotted for more than 13 years and for the
said reason it was cancelled on 24.08.1984 after following the
procedure, which was never challenged. After 22 years, the appeal
having been preferred against the same, it was dismissed on the same
ground by the revisional authority.
4. In
the present case, as the petitioner has not enclosed a copy of the
order dated 24.08.1984, we are not in a position to express any
opinion with regard to the said order, nor the question of setting
aside such order arises in absence of the same.
5. Learned
counsel appearing on behalf of the petitioner submits that the
petitioner may be given liberty to approach the authorities for
re-allotment of the land. In this regard, we are not expressing any
opinion. If it is permitted under law, petitioner may approach the
authorities. The Letters Patent Appeal and Civil Application both
stand disposed of with the aforesaid observations. No costs.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
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