Mochinagar Co Operative Housing ... vs State Of Gujarat on 26 July, 2018

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Gujarat High Court

Mochinagar Co Operative Housing ... vs State Of Gujarat on 26 July, 2018

Bench: C.L. Soni

        C/SCA/10755/2018                                               ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 10755 of 2018

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        MOCHINAGAR CO OPERATIVE HOUSING SOCIETY LTD
                          Versus
                     STATE OF GUJARAT
==========================================================
Appearance:
MR AR THACKER(888) for the PETITIONER(s) No. 1
SHIVANG A THACKER(7424) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
RESPONDENT(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE C.L. SONI

                                Date : 26/07/2018
                                 ORAL ORDER

1. Following are the prayers made in paragraph No.19 of the present petition filed under Article 226 of the Constitution:

"(A) The Hon'ble Court may be pleased to admit and allow this petition;

(B) The Hon'ble Court may be pleased to issues a writ of mandamus directing the respondent Collector, Rajkot or authorized officer who is empower to decide the case under Section 125F, to consider the application of the petitioner society dated 15.6.2017 as per the provisions of Section 125-F as amended in The Gujarat Land Revenue Code as early as possible in the interest of justice;

(C) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require."

Page 1 of 2 C/SCA/10755/2018 ORDER

2. The sole grievance made by the petitioner society is that by virtue of the amended provision of Section 125F of the Gujarat Land Revenue Code ("the Code"), the concerned / competent authority has been empowered to compound non-agriculture permission by accepting the requisite fees and other charges, however, no decision on the application dated 15.06.2017 has yet been taken though more than one year has passed.

3. Learned AGP Ms.Nisha Thakor appearing on advance copy for the respondents was asked to take instructions in the matter. Ms.Thakor states on instructions from the responsible officer of the State that since the jurisdiction to decide the application filed under Section 125F of the Code has been recently conferred in the District of Rajkot, the application of the petitioner could not be processed. She states that the application of the petitioner shall now be dealt with and decided in accordance with the provision of Section 125F of the Code. Ms.Thakor further states that for deciding such application since certain procedures are required to be followed, the application shall be decided after following such procedure within reasonable time by the concerned authority.

4. In view of the above, the petition is disposed of with direction to respondent No.2 - Collector or to the concerned authority to consider and decide the application of the petitioner dated 15.06.2017 filed under Section 125F of the Code within a period of four months from the date of receipt of this order. Direct service is permitted.

(C.L. SONI, J) GUPTA* Page 2 of 2

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