Diamond Salt Thro Proprietor Suresh Sindhumal Khattar vs State Of Gujarat

Ashutosh J. Shastri, J

This petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs :Â​

“16(A) A writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction may kindly be issued

quashing and setting aside the order dated Nil/2/2021 passed by the respondent no. 2 Collector (Annexure A) as well as the alleged reports

relied by the respondent no. 2 Collector and be pleased to direct the respondents to grant renewal of the lease of the land in question as per

the petitioner’s application dated 07.04.2007 in the interest of justice.

(B) Pending admission hearing and final disposal of the petition the operation, implementation and execution of the order dated Nil/2/2021 passed by

the respondent no. 2 Collector (Annexure A) may kindly be stayed and the respondents may kindly be restrained from taking any harsh action

including from disturbing and taking over the possession of the land in question from the petitioner, in the interest of justice.

(C ) Any other relief grantable by this Hon’ble Court may kindly be granted in the interest of justice.â€​

Previously, when the matter was taken up for hearing, it was specifically contended by Mr. Mukesh Patel, learned advocate for the petitioner that

the order of the Collector is without granting any opportunity of hearing and as such, the petitioner is inclined to go back to the Collector with all the

relevant material, if fresh opportunity of hearing is granted. Accordingly, upon such submission, with a view to verify the factum of non granting

opportunity of hearing, this Court granted time to Mr. Meet Thakkar, learned Assistant Government Pleader vide order dated 01.03.2021.

Today, when the matter is taken up for hearing, Mr. Meet Thakkar, learned Assistant Government Pleader appearing for the respondent â€

authority has taken written instructions from the concerned Collector and has submitted that the Collector had passed the order on the basis of the

available material on record and intact the fact is ascertained that no opportunity of hearing was given and, therefore, in such a situation a request is

made that for the purpose of granting an opportunity of hearing, the petitioner as per his own volition recorded in the previous order be relegated to the

concerned Collector so as to see that fresh decision on merit after compliance of the principles of natural justice can be passed.

In view of the aforesaid situation, when the hearing has not been afforded, the impugned order passed in February, 2021 reflecting on page 21 is

hereby quashed and set aside with a consequential direction that the District Collector, Jamnagar shall grant an opportunity to the petitioner afresh and

after examining the relevant material on record, which may be produced before him, a fresh decision is directed to be taken after assigning proper

reasons.

4.1. It is made clear that since the petition is disposed of on this solitary ground of non granting any opportunity of hearing, upon concurrence, the

Court has refrain itself from expressing any opinion on merit with regard to any of the contentions and it is independently left it open for the

respondent â€" Collector to pass a fresh order strictly in accordance with law on the basis of material available.

With the aforesaid observation and direction, the present petition stands disposed of.