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SCA/3049/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3049 of 2011
======================================
RATHOD
KANDAS RATANRAY & 3 - Petitioners
Versus
TALUKA
MAMLATDAR & 2 - Respondents
======================================
Appearance :
MR
VIRAL V DAVE for the Petitioners.
MS JIRGHA JHAVERI, AGP for the
Respondents.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/03/2011
ORAL
ORDER
1. By
way of this petition under Articles 226 and 227 of the Constitution
of India, the petitioners have prayed for an appropriate writ, order
and/or direction, directing the respondent No.1 to implement the
order dated 18/05/2006 passed by Deputy Collector, Dholka in
allotting the plots in question of land bearing Survey No.22 and to
make necessary entry in the revenue record.
2. In
pursuant to the Notice issued by this Court, Ms.Jirgha Jhaveri,
learned Assistant Government Pleader has appeared on behalf of
District Collector, Dholka and has stated at the bar under the
instruction from Mr.S.K.Zala, Clerk, Dholka, that as such vide order
dated 09/06/2008 allotment of the land in question in favour of the
petitioners has been cancelled as the said plots are not capable of
being allotted. She has placed on record communication dated
09/06/2008, which is directed to be taken on record. She has also
stated at the bar that at the relevant time, the petitioners were
served with the order/communication dated 09/06/2008, which is
disputed by Mr.Viral Dave, learned advocate appearing on behalf of
the petitioners. It is submitted by Mr.Viral Dave, learned advocate
appearing on behalf of the petitioners that so far as the petitioners
are concerned, they are not aware that allotment in favour of the
petitioners was cancelled and even they were not served with
communication/order dated 09/06/2008.
3. Be
that it may. Let Ms.Jirgha Jhaveri, Learned Assistant Government
Pleader may give copy of communication/order dated 09/06/2008 to
Mr.Viral Dave, learned advocate appearing on behalf of the
petitioners. If the the petitioners are aggrieved by the said
communication/order dated 09/06/2008, the same can be challenged by
the petitioners, which can be considered in accordance with law and
on merits.
With
this, the present petition is disposed of with above liberty. Notice
is discharged. No costs.
[M.R.SHAH,J]
*dipti
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