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SCA/2582/2011 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2582 of 2011
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TEJALBEN
HITESHBHAI TRIVEDI - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH DEPUTY SECRETARY & 3 - Respondent(s)
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Appearance :
MR
KUNAN B NAIK for Petitioner(s) : 1,
MR PK JANI GP WITH MR JASVANT
RAVAL AGP for Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 28/04/2011
ORAL ORDER
Heard
Mr. Jani, learned Government Pleader. The affidavits filed by the
Mamlatdar and the Assistant Geologist are also taken into
consideration.
On
instructions from the office of the Assistant Geologist whose officer
Mr. R.S.Kalariya is present, learned GP, Mr. Jani has stated that the
land in question has not been allotted either to the petitioner or to
the said other person – applicant – Mr. Nimbark and any lease
order or permit has not been issued in favour of the petitioner or
the other person – applicant – Mr. Nimbark. He has also stated that
the application of the said other person – applicant – Mr.
Nimbark is also declined in view of the opinion declaring that there
is overlapping. The said declaration is taken note of, however, the
office of the Assistant Geologist will file affidavit to this
effect.
In
view of the affidavit made by Mr. Kalariya, Assistant Geologist, it
appears that the actions taken by him were taken under oral
instructions from the Collector. Therefore, it is directed that the
concerned Collector will file affidavit with regard to the averments
made by said Mr. Kalariya in his affidavit dated 24.3.2011 and also
in his earlier affidavit dated 11.3.2011 and the concerned Collector
will clarify the factual aspects stated by the Assistant Geologist
and he shall also confirm or deny the statements made by the
Assistant Geologist about the oral instructions said to have been
given by the Collector.
In
view of the fact that there appears to be some overlapping, as per
the opinion from the office of the Mamlatdar, it may, at later stage,
be necessary to direct the petitioner to implead the said 3rd
party. In the meanwhile, it would be open to the petitioner to
consider as to whether the petitioner on its own would consider it
necessary to implead the said 3rd party or not. The
concerned Collector will file necessary affidavit on or before
11.5.2011.
S.O.
to 11.5.2011.
[K.M.Thaker,
J.]
kdc
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