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SCA/14492/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14492 of 2010
=====================================
PANCHAL
PRATAPCHAND CHATRAJI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=====================================
Appearance
:
MR RD KINARIWALA for MR DP
KINARIWALA for Petitioner(s) : 1,MR.A J.OZA for Petitioner(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) : 2 - 3.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 01/12/2010
ORAL
ORDER
1.0 Heard
learned advocate Mr. RD Kinariwala for Mr. DP Kinariwala for the
petitioner.
2.0 The
learned advocate for the petitioner invited attention of the Court to
judgment and order passed in Special Civil Application No. 2305 of
1988 dated 13th January 2000, whereby, this Court directed
the authorities to reconsider the case of the petitioner for
extension of period of lease as well as for allotment of land on
permanent basis in light of the observations made in the said
judgment.
2.1 The
Court also directed to take decision within a period of six months
from that day. The Court was pleased to direct the respondents, its
officers and/or subordinates that they shall not dispossess the
petitioner till the decision in the matter, either for the allotment
of land on permanent basis or for extension of lease period of land,
is taken.
2.2 The
learned advocate for the petitioner invited attention of the Court to
a Revision Application filed before the Deputy Secretary (Appeals),
who passed an order dated 10th May 2000 and remanded the
matter to the Collector, who decided the matter only on 10/16-6-2004
and fixed the amount to be paid by the petitioner at Rs.6,250/- i.e.
2½ times of Rs.2,500/-. The learned advocate submitted that
the petitioner is asked to pay this amount because, in the year 1987,
his application was rejected, while application of one Ratansinh was
allowed and he was granted land at Rs.80/- per square meter. It was
this order of rejection of petitioner’s application and grant of
other person’s – Ratansinh application, was the subject matter
of Special Civil Application No. 2305 of 1988.
2.3 The
learned advocate for the petitioner submitted that the authorities
ought to have decided the amount payable by the petitioner taking
into consideration that order and taking into consideration the fact
that the application of the petitioner is that of the year 1987.
3.0 The
matter requires consideration. Rule.
3.1 Interim
relief in terms of Para 8(C). The Interim relief is
granted on a condition that the petitioner shall continue to pay the
amount, which he is paying as on date.
3.2 It
is further clarified that pendency of this petition shall not
preclude the authorities from deciding the matter afresh and deciding
the amount payable by the petitioner on the basis of his application
made in the year 1987.
3.3 Direct
service is permitted.
[
Ravi R. Tripathi, J. ]
hiren
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