Amarsinhbhai Vasantjibhai Chaudhary vs District Development Officer & on 24 January, 2014

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Gujarat High Court

Amarsinhbhai Vasantjibhai Chaudhary vs District Development Officer & on 24 January, 2014

Bench: A.J.Desai

         C/SCA/18396/2013                                       ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CIVIL APPLICATION NO. 18396 of 2013

================================================================
         AMARSINHBHAI VASANTJIBHAI CHAUDHARY....Petitioner
                            Versus
         DISTRICT DEVELOPMENT OFFICER & 1....Respondents
================================================================
Appearance:
MS MOHINI, LD.ADVOCATE FOR MR BHARAT JANI, ADVOCATE for the
Petitioner.
MR RAKESH PATEL, LD.A.G.P. for Respondent No.2.
NOTICE SERVED BY DS for the Respondent Nos.1 - 2
================================================================

         CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                  Date : 24/01/2014


                                   ORAL ORDER

1. By way of the present petition under Articles 14 , 19(1)(g) and 226 of the Constitution of India, the petitioner has prayed, as under:

"10(A) This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or an appropriate writ, order or direction quashing and setting aside the impugned inaction of the respondent No.1 in not granting previous sanction to the petitioner for the sale of occupancy of his land, in exercise of the powers conferred under section 73AA of the Gujarat Land Revenue Code and Rule 57-L of the Gujarat Land Revenue Rules and further be pleased to direct Page 1 of 3 C/SCA/18396/2013 ORDER the respondent No.1 to grant previous sanction to the petitioner for the sale of occupancy of his land, in exercise of the powers conferred under section 73AA of the Gujarat Land Revenue Code and rule 57-L of the Gujarat Land Revenue Rules forthwith.

(B) Pending hearing, admission and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent No.1 to grant previous sanction to the petitioner for the sale of occupancy of his land, in exercise of the powers conferred under section 73AA of the Gujarat Land Revenue Code and rule 57-L of the Gujarat Land Revenue Rules.

(C) this Hon'ble Court may be pleased to pass such other and further relief(s) as the facts and circumstances of the present case may require;

(D) cost of this petition may please be awarded;"

2. A short grievance raised by the petitioner is that respondent No.1 - District Development Officer, Taluka:

Vyara, District: Tapi, is not deciding the application dated 08/06/2012 submitted by the petitioner for obtaining previous sanction u/s.73(AA) of the Land Revenue Code.

3. Considering the facts and circumstances of the case, in the interest of justice, following order is passed:

Page 2 of 3 C/SCA/18396/2013 ORDER

"Respondent No.1 - District Development Officer, Taluka: Vyara, District: Tapi, is hereby directed to decide the application dated 08/06/2012 submitted by the petitioner u/s.73(AA) of the Land Revenue Code, as expeditiously as possible and preferably within a period of three months from the date of receipt of copy of this order."

4. In view of the above observation, Ms.Mohini, learned advocate appearing for Mr.Bharat Jani, learned advocate for the petitioner, does not press this petition. Hence, the present petition is disposed of as not pressed. Notice is discharged.

Direct service is permitted.

[A.J.DESAI,J.] *dipti Page 3 of 3

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