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SCA/5590/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5590 of 2011
======================================
UNION
OF INDIA THROUGH ASSISTANT COMMISSIONER OF CENTRAL - Petitioner
Versus
SECRETARY
REVENUE DEPARTMENT (APPEALS) & 1 - Respondents
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Appearance :
MR
KALPESH N SHASTRI for the Petitioner.
None for the
Respondents.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 28/04/2011
ORAL
ORDER
1. By
way of this petition under Articles 226 and 227 of the Constitution
of India, the petitioner has prayed for an appropriate writ, order
and/or direction, quashing and setting aside the impugned order dated
19/05/2010 passed by the Secretary (Appeals), Revenue Department,
State of Gujarat in Revision Application No.18/2004 dismissing the
said revision application mainly on the ground of delay and latches.
2. At
the outset, it is required to be noted that the Collector, Ahmedabad
granted land admeasuring about 4047 sq.mtrs. out of land bearing
Survey No.240/A paiki situated at Ranpur to the Mamlatdar office of
Ranpur for its office construction, which came to be challenged by
the petitioner before the Secretary (Appeals), Revenue Department,
State of Gujarat in the year 2004 i.e. after a period of three years,
which came to be dismissed by Revisional Authority by impugned order
dated 19/05/2010 on the aforesaid ground. Normally, this Court would
have remanded the matter to decide and dispose of the same on merits,
however, it is reported that on the land in question construction of
office of Mamlatdar, Ranpur is already made and office is running
since long, no purpose would be served to remand the matter.
3. It
is to be noted that there is a further delay of one year in
preferring the present petition. Considering the aforesaid facts,
the present petition is not entertained. However, it will be open for
the petitioner to approach State Government for the land in question,
which has been allotted to Mamlatdar office, Ranpur as they were
claiming ownership over the land in question and as and when such
application is made, the same may be decided considering the fact
that the petitioner is also Department of Central Government. It is
to be noted that as such the land in question is treated as
Government Padtar land by the Collector, which has been allotted in
the year 2001 for construction of Mamlatdar’s Office at Ranpur.
With
this, the present petition is disposed of. No costs.
[M.R.SHAH,J]
*dipti
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