Venugopal Appukutan Menon vs State Of Gujarat on 14 March, 2019

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Gujarat High Court

Venugopal Appukutan Menon vs State Of Gujarat on 14 March, 2019

Bench: A.J.Desai

         C/SCA/5426/2019                                              ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      SPECIAL CIVIL APPLICATION NO.5426 of 2019
=========================================
                      VENUGOPAL APPUKUTAN MENON
                                 Versus
                           STATE OF GUJARAT
=========================================
Appearance :
MR MJ MEHTA for the Petitioner.
MR. HARDEEP L MAHIDA for the Petitioner.
for the Respondent No.2.
MR RAKESH PATEL, AGP ON ADVANCE COPY SERVED TO GOVERNMENT
PLEADER for the Respondent No.1.
=========================================

      CORAM : HONOURABLE MR.JUSTICE A.J.DESAI

                             Date : 14/03/2019
                              ORAL ORDER

1. By way of the present petition under Articles 226 & 227 of the Constitution of India, the following prayers have been made by the petitioner :-

"[a] Your Lordships may be pleased to admit/allow this petition;

[b] Your Lordships may be pleased to quash and set aside the impugned order dated 29.09.2018 (Annexure "A") passed by the respondent No.1 whereby application of the petitioner seeking grant of permission to sell the plot in question along with construction (allotted by State Government) came to be rejected;

[c] Your Lordships may be pleased to direct the respondents herein to re-consider the case of the petitioner on merits in accordance with law and in Page 1 of 2 C/SCA/5426/2019 ORDER view of the policy of the Government i.e. GR dated 25/05/2016 & 18/10/2017 (Annexure "D");"

2. Learned advocate appearing for the petitioner would submit that the only prayer made by the petitioner is requesting the Court to direct the respondent authorities below to reconsider the application of the petitioner for transferring the plot. He has placed on record several identical order passed by the Coordinate Bench of this Court. He, therefore, would submit that similar order may be passed.

3. Learned Assistant Government Pleader appearing for the respondent submits that similar order may be passed in the petition.

4. Having heard learned advocates appearing for the respective parties and considering the averments made in the petition, I am of the opinion that the following order would meet end of justice :-

"The concerned respondent authority is hereby directed to reconsider the application of the petitioner dated 10.8.2018 in accordance with law, as expeditiously as possible, after giving an opportunity of hearing to the petitioner."

5. With the above direction, the present petition stands disposed of. It is hereby made clear that this Court has not gone into the merits of the case.

Direct service is permitted.

(A.J.DESAI, J) SAVARIYA Page 2 of 2

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