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Gujarat High Court

Rohitji Baldevji Thakore vs State Of Gujarat on 28 February, 2018

Author: A. J. Shastri

Bench: A.J. Shastri

           C/SCA/3266/2018                              ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               SPECIAL CIVIL APPLICATION NO. 3266 of 2018

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                             ROHITJI BALDEVJI THAKORE
                                       Versus
                                STATE OF GUJARAT
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Appearance:
MR PARTHIV A BHATT for the PETITIONER(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI

                                 Date : 28/02/2018
                                  ORAL ORDER

1. The present petition is filed under Article 226 of the Constitution of India for the purpose of seeking the following reliefs:

(A) Your Lordships may further be pleased to admit and allow the present petition;
(B) Your Lordships may be pleased issue a appropriate writ,order or direction quashing and setting aside impugned illegal and arbitrary action of the Sarpanch Pardhol Gram Panchayat allotting Gamtal land in violation of relevant rules and regulations and in breach of settled legal procedure for allocation of village lan holding and declaring the same to be illegal and bad in law;
(C) Pending hearing and final disposal of this petition, Your Lordship may be pleased to stay the impugned illegal and arbitrary action of the Sarpanch Pardhol Gram Panchayat allotting Gamtal land in violation of relevant rules and regulations and in breach of settled legal procedure for allocation of village land holding and declaring the same to be illegal and bad in law.
(E) Your Lordships be pleased to direct the respondent authority to consider the representation preferred by the Villagers inquired into it and takes suitable action and thereafter furnish detailed report to this Hon'ble Page 1 of 2 C/SCA/3266/2018 ORDER High Court and also made available the copy thereof to the petitioner and the other villagers.

( ) Any other and further relief may kindly be granted in the interest of justice.

2. At the outset, the learned Advocate for the petitioner stated that despite the fact that representations are made before the appellant authority and even last representation dated 18.02.2018 which is submitted before the Taluka Development Officer, so far as the same have not been dealt with. Hence the present petition.

3. Considering the submission made by the learned advocate for the petitioner, without entering into the merit of the case, the appellant authority is directed to decide the grievance about the petitioner in the form of representation dated 18.02.2018. It is excepted that the Taluka Development Officer would look into the issue and take appropriate decision in accordance with the law on merits and pass a reasoned order. It is needless to state that this Court has not expressed any opinion on merits.

4. In view of above observations and directions, the present petition stands disposed of, as not pressed.

(A. J. SHASTRI, J) JIGNESH K. PRAJAPATI Page 2 of 2