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SCA/5148/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5148 of
2011
=========================================================
SUKHABHAI
CHAKUBHAI PARMAR - Petitioner(s)
Versus
RELIEF
COMMISSIONER & 7 - Respondent(s)
=========================================================
Appearance
:
MR
VASANT S SHAH for
Petitioner(s) : 1,
None for Respondent(s) : 1,3 - 8.
MR. J. K.
SHAH, ASST. GOVERNMENT PLEADER for Respondent(s) :
2,
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 28/06/2011
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 issue a writ of certiorari or a writ of
mandamus or any appropriate writ directing the
respondents-particularly res. no.2 and 4 to give an appropriate
relief to the petitioner for his loss-damage in the flood in the
year 2005 and also direct to the respondents to consider his case
sympathetically for doing necessary.
B) Be
pleased to grant any other and further relief/s which may deem fit
and proper in the interest of justice.”
2. Briefly
stated, the case of the petitioner is that he had got a contract from
Bhal Vikas Trees Manufacturing Co-operative Society Limited of
village Mitali, Taluka: Khambhat,
District: Anand, vide Resolution No.286 for cutting of Baval trees
from 80 acres of land for the purpose of preparing coal. The
petitioner had kept for 475 bags of coal and other goods on the land.
In the year 2005, there was a flood in the Sabarmati river during the
monsoon season, which resulted in washing away the bags of coal,
house and other accessories of the petitioner. According to the
petitioner, he suffered a loss of Rs.7,19,000/-(Rupees Seven Lacs
Nineteen Thousand). Accordingly, a representation was made by the
petitioner to the District Collector which
was forwarded to the Deputy Superintendent of Police, Anand for
necessary inquiry. Thereafter, the case of the petitioner was
processed by the authorities. Vide letter dated 13.01.2011, the
Deputy Secretary, Revenue Department advised the petitioner to file
an appeal before the Relief Commissioner, within a period of thirty
days, if not satisfied with the proceedings. It is the case of the
petitioner that he has filed an appeal within the stipulated period
of time. However, there is no decision or response to the same by the
Relief Commissioner. Hence the petition.
3. At
the outset, Mr. Vasant S. Shah, learned advocate for the petitioner
submits that the interest of justice would be met, if the Relief
Commissioner is directed to decide the appeal filed by the petitioner
after giving him an opportunity of hearing, within a stipulated
period of time.
4. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed:-
(a) If
the appeal of the petitioner has not already been decided, the Relief
Commissioner shall consider and decide the same, in accordance with
law, after affording the petitioner an opportunity of hearing.
(b) The
date of hearing shall be intimated to the petitioner, within a period
of two weeks from the date of receipt of the copy of this order.
(c) After
hearing the petitioner, the Relief Commissioner shall decide the
appeal within a period of four weeks from the date of hearing.
It
is clarified that while passing this order, the Court has not entered
into the merits of the case.
5. The
petition is disposed of, in the above terms. There shall be no orders
as to cost.
Direct
Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
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