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SCA/1223220/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12232 of 2008
============================================
SOMABHAI
PITHABHAI LUNASIA - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
============================================
Appearance
:
MR ASIT B
JOSHI for Petitioner(s) : 1,
MR VIPUL MISTRY
ASST. GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) : 2 - 4.
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/10/2008
ORAL
ORDER
1. This
petition under Article 226 of the Constitution of India is filed with
a prayer to issue appropriate writ, order or direction directing
respondent No.2 to permit the conversion of the agriculture land
bearing Survey No.675/p/2 admeasuring 12141 sq.mtr. Situated at
Mouje-Dhank, Taluka: Upleta, Dist: Rajkot from new tenure to old
tenure in favour of the petitioner for payment of requisite premium
in accordance with Government Policy.
2. Learned
advocate for the petitioner submits that the petitioner has preferred
an application on 8.8.2008 and subsequent reminder dated 18.8.2008
was also sent to the concerned Collector to take decision in
accordance with law as requested in the aforementioned application
for conversion of new tenure land to old tenure land as per the
Government Resolution dated 20.12.2006.
3. Learned
advocate for the petitioner submits that the above application is
pending even today.
4. I
have heard Mr. Vipul Mistry, learned AGP, for the respondent-State.
5. It
goes without saying that the concerned Collector exercising power
under the Bombay Tenancy and Agricultural Land Act is to decide such
application in accordance with law and it is expected that the
Collector to take decision on pending application. Therefore, the
concerned Collector is to decide the application dated 8.8.2008
preferred by the petitioner in accordance with law as expeditiously
as possible.
6. For
the aforesaid observation, this petition stands disposed of. No
order as to costs.
7. Direct
service is permitted.
[ANANT
S. DAVE, J.]
//smita//
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