Gujarat High Court
Keshavjibhai Ravjibhai Varu vs State Of Gujarat & 5 on 2 December, 2015
Author: C.L.Soni
Bench: C.L. Soni
C/SCA/19206/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 19206 of 2015
With
SPECIAL CIVIL APPLICATION NO. 19248 of 2015
With
SPECIAL CIVIL APPLICATION NO. 19304 of 2015
TO
SPECIAL CIVIL APPLICATION NO. 19316 of 2015
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KESHAVJIBHAI RAVJIBHAI VARU....Petitioner(s)
Versus
STATE OF GUJARAT & 5....Respondent(s)
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Appearance:
MR VIJAY H NANGESH, ADVOCATE for the Petitioner(s) No. 1
MS MANISHA SHAH, GOVERNMENT PLEADER with MR RAKESH PATEL,
ASSTT GOVT PLEADER for Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 02/12/2015
COMMON ORAL ORDER
1. In this group of petitions, common challenge made is against the order passed by respondent No.5- Deputy Executive Engineer, Irrigation Scheme Sub Division No.6/4, Dhrol rejecting the applications of the petitioners for allotment of the plots as per the Scheme under Regulation dated 11.6.1979.
2. Learned advocate Mr. Nangesh for the petitioners submitted that this Court had an occasion to deal with similar challenge in a group of petitions, being Special Civil Application No.12771 of 2015 and allied matters, which were disposed of by order dated 22.9.2015. Mr. Nangesh, therefore, urged that this group of petitions be disposed of in the same terms and with same directions contained in the order dated 22.9.2015 passed in the above-referred group of matters.
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3. Learned Government Pleader Ms. Manisha Shah appearing with learned Assistant Government Pleader Mr. Rakesh Patel could not dispute that the nature of challenge and the issues involved in the present petitions are similar to involved in the group of petitions, being Special Civil Application No.12771 of 2015 and allied matters.
4. In above such view of the matter, this group of petitions could be disposed of for the same reasoning as provided in the order dated 22.9.2015 passed in above-referred group of matters and by the same directions which were given therein.
5. Hence, the petitions are not entertained at this stage for the reasons recorded in the order dated 22.9.2015 passed in Special Civil Application No.12771 of 2015 and allied matters leaving it open to the petitioners to produce any material or evidence before respondent Nos.4 and 5 in support of their applications to establish that they would fall within the definition of 'Affected Persons' and will be entitled to allotment of plots under the Scheme for such purpose.
6. Learned advocate Mr. Nangesh at this stage states that the petitioners will require some reasonable long time to produce necessary and relevant materials before respondent Nos.4 and 5 and therefore, the Court may grant two months' time to the petitioners to produce such relevant material / evidence before respondent Nos.4 and 5 and requests to direct the respondent Nos.4 and 5 to decide the eligibility of the petitioners on the basis of such such materials produced by the petitioners.
7. In view of above, it is directed that if the petitioners produce any material / evidence within a period of two months from today before respondent Nos.4 and 5 in support of their applications to establish that they would fall within the definition of 'Affected Persons' and thus would become entitled to allotment of plots as per Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Dec 03 02:30:03 IST 2015 C/SCA/19206/2015 ORDER the Scheme under Resolution dated 11.06.1979, the respondent Nos.4 and 5 shall consider such material / evidence produced by the petitioners and decide irrespective of and without being influenced by the decision taken by the impugned orders whether the petitioners would satisfy definition of 'Affected persons' or not and if it is found that the petitioners satisfy definition of "Affected Persons', appropriate and necessary orders shall be made by respondent Nos.4 and 5. However, such exercise shall be completed by respondent Nos.4 and 5 within a period of THREE MONTHS from the date of receipt of materials / evidence which may be produced by the petitioners.
8. With above observations and directions, the petitions are disposed of.
Direct Service is permitted.
(C.L.SONI, J.) Omkar Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Dec 03 02:30:03 IST 2015