Gujarat High Court
Becharbhai Tukarbhai vs State Of Gujarat & on 13 December, 2013
Author: Anant S.Dave
Bench: Anant S. Dave
BECHARBHAI TUKARBHAI ADHVARUV/SSTATE OF GUJARAT C/SCA/16306/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 16306 of 2012 ================================================================ BECHARBHAI TUKARBHAI ADHVARU & 92....Petitioner(s) Versus STATE OF GUJARAT & 3....Respondent(s) ================================================================ Appearance: MR KEYUR A VYAS, ADVOCATE for the Petitioner(s) No. 1 - 93 GOVERNMENT PLEADER for the Respondent(s) No. 1 MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 2 - 4 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 13/12/2013 ORAL ORDER
1. Following are the prayers in this writ petition:
19(A) YOUR LORDSHIP may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing to the respondent authorities to allot the plots as per the order passed by the respondent no.3, which is earmarked by the respondent no.4, panchayat within stipulated time.
(B) Pending admission, hearing and final disposal of the writ petition YOUR LORDSHIP may be pleased to direct the District Development Officer-respondent no.2 herein to look in the matter and directed to allot the plot as per the order passed by the respondent no.3.
2. Upon hearing of learned advocates for the parties and after issuance of notice, following order was passed on 22.08.2013:
1. Heard learned Counsels appearing for the respective parties.
2. Learned Counsels appearing for the Taluka Panchayat and District Panchayat pray for time.
3. On the next date of hearing, decision taken by the respective authority about allotment of plot / land to the petitioners, eligibility of the petitioners and completion of formalities envisaged under various government resolutions are complete and implementation of the orders passed by the Taluka Development Officer is awaited.
The petitioners are to be put into possession of the plots alloted to them by virtue of the respective orders.
4. If no decision is taken qua the implementation of the orders of the Taluka Development Officer, an order in accordance with law will be passed on the next date of hearing, i.e. 16th September, 2013.
5. The matter be listed on 16th September, 2013.
3. Apropos to the above order dated 22.08.2013, an affidavit-in-reply is filed by the respondent No.3-Taluka Development Officer, Sayla Taluka Panchayat, District Surendranagar and in para 3, respondent No.3 has stated on oath as under:
3. The respondent No.3 submits that so far as the present petitioners are concerned, 86 out of 93 beneficiaries have taken over the possession of their respect plots earmarked for them and a copy of statement giving the details about 93 beneficiaries is annexed herewith and marked as Annexure-B. It is submitted that out of 7 petitioners who did not come forward to takeover the possession, it is pertinent to note that one Mr.Jaypal Mansukhbhai is not at all allotted a plot of land by Land Committee of Sayla Taluka Panchayat. It is stated that (1) Mr. Mukeshbhai D. Makwana and (2) Mr. Bhogabhai K. Matrania are already allotted the plot and handed over the possession of the plot in Juna Gamtal area.
It is further stated that one Ms.Boniben Laljibhai is a allottee of the year 2011 and will be handed over the possession of the plot and will issue Sanath in near future. It is most respectfully stated that other petitioners are the allottees of the year 2010. the respondent No.3 craves leave to state that the following three petitioners have remained absent on 02/09/2013 and therefore, the possession of the plot are not handed over to them.
(1)Raghubhai J. Jograna.
(2)Laxmanbhai J. Jograna (3) Champaben Kalubhai.
4. In view of prompt action taken by respondent No.3 and now even Gram Panchayat has also complied with the orders and handed over the possession of the plots to the petitioners at this stage, no further directions can be issued to the respondents-authorities as prayed for, keeping it open for the petitioners to pursue the authorities for any other grievances.
5. With the aforesaid, this petition stands disposed of. Notice is discharged.
(ANANT S.DAVE, J.) chandresh Page 3 of 3