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High CourtsSingle Bench(2011) 02 GUJ CK 0109

Raghjibhai Muljibhai Chaudhari and Others vs State of Gujarat and Others

Gujarat High Court · Decided on 3 February 2011

HON’BLE JUDGES
M.B. Shah, J
CASE NUMBER
Special Civil Application No. 985 of 2011

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Judgment

6 paragraphs · 332 words

M.D. Shah, J.—By filing this petition under Articles 14, 21 and 226 of the Constitution of India, the Petitioners have prayed for to issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents No. 2 and 3 to complete all the formalities and to consider the pending cases of the Petitioners under the rehabilitation policy of the State forthwith and further be pleased to direct the Respondents No. 1 and 2 to pass the appropriate orders of allotting land to the Petitioners as per their eligibility within stipulated time.

2.

Rule. Ms. Manisha Narsinghani, learned AGP appears and waives service of notice of rule on behalf of Respondents. With the consent of the parties, the petition is taken up for final disposal.

3.

Heard learned advocate Mr. Mehul Rathod for the Petitioners.

4.

Learned advocate for the Petitioners submitted that the land of the present Petitioners was acquired since long back for the purpose of Mukteshwar Irrigation Projects, and as per the policy of the Government, the Petitioners were entitled to get the land of their choice. It is further submitted by learned advocate for the Petitioners that the matter is pending before the Collector since long, and though several reminders were sent by the present Petitioners to the District Collector/Deputy Collector, Palanpur, but till today no decision was taken by the District Collector/Deputy Collector, Palanpur.

5.

In view of the same, the Respondents No. 2 and 3 i.e. District Collector, Palanpur and Deputy Collector, Palanpur are directed to decide the matter of the present Petitioners in accordance with law and on its own merits without any further delay, as early as possible, preferably within three months from the date of receipt of this order, and if any decision is taken by the District Collector/Deputy Collector, the same shall be communicated to the Petitioners.

6.

With the aforesaid observation and direction, the petition is disposed of. Rule is made absolute with no order as to costs.