Gujarat High Court
Navliben Devjibhai Vasava vs State Of Gujarat on 25 July, 2019
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/12625/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO.12625 of 2019
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NAVLIBEN DEVJIBHAI VASAVA
Versus
STATE OF GUJARAT
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Appearance :
JAGATSINH L VASAVA for the Petitioner.
for the Respondent Nos.2,3,4
MR NIKUNJ KANARA, AGP ON ADVANCE COPY SERVED TO GOVERNMENT
PLEADER for the Respondent No.1.
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CORAM : HONOURABLE MR.JUSTICE A.J.DESAI
Date : 25/07/2019
ORAL ORDER
1. By way of the present petition under Articles 21, 226, 227 and 244 of the Constitution of India, the petitioner has prayed to direct the respondents to implement Section 73 AA (5) of the Gujarat Land Revenue Code 1879 and allot the land to the petitioner forthwith.
2. I have heard learned advocate appearing for the petitioner and learned Assistant Government Pleader appearing for the respondent No.1. I have also considered the order dated 20.9.2014 passed by the Deputy Collector by which the Deputy Collector has directed the Mamlatdar to remove the encroachment. Thereafter, the petitioner has requested the District Collector to re- grant the land under the provisions of the Bombay Tenancy and Agricultural Lands Act.
3. Hence, I am of the opinion that following order would meet the ends of justice :-
Page 1 of 2 Downloaded on : Sat Jul 27 00:52:42 IST 2019 C/SCA/12625/2019 ORDER"The District Collector, Surat is hereby directed to decide the application submitted by the petitioner under Section 73 AA (5) of the Gujarat Land Revenue Code in accordance with law."
4. With the above direction, the present petition stands disposed of. It is made clear that this Court has not examined the merits of the case. Direct service is permitted.
(A.J.DESAI, J) SAVARIYA Page 2 of 2 Downloaded on : Sat Jul 27 00:52:42 IST 2019