(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Heard learned counsel Shri Lakhani for the applicants and learned Assistant Government Pleader Shri Rahul Dave for the respondent on advance copy.
2. Present applicants had filed Letters Patent Appeal No.2667 of 2010, which came to be disposed by order dated 10.2.2012, in following terms:-
"Rule.
Mr. N.J. Shah, learned Assistant Government appearing for respondent Nos.1,2,4 & 5 and Mr. H.S. Munshaw, learned counsel appearing for respondent No.3 waives service of rule on behalf of respective respondents. With the consent of learned counsel for the parties, though the matter is listed for admission, the same is taken up for final disposal today itself.
2. Learned counsel Mr. P.M. Lakhani appearing for the appellants submits that though the prayer in the Special Civil Application was with regard to hold that the appellants are the real owners and occupants of the land bearing Revenue Survey No.190 paiki of Rajkot city as per the record of right and as per the inquiry report submitted by the Additional Mamlatdar, Rajkot, the appellants shall make fresh representation to respondent Nos.3 & 5 with regard to the demand of the appellants.
3. In view of this, the appellants are permitted to make fresh representation to the respondent Nos.3 & 5 and the respondent Nos.3 & 5 shall decide the said representation of the appellants within 4 weeks from the date of receipt of representation. In view of the above direction, the impugned judgment and order dated 8.9.2010 passed by the learned Single Judge in Special Civil Application No.7010 of 2010 is hereby quashed and set aside. The present appeal is accordingly allowed to the aforesaid extent. Rule is made absolute with no order as to costs."
3. Grievance of the applicants is that representation that applicants had made on 18.2.2012 pursuant to the order of the Division Bench in Letters Patent Appeal, has not yet been disposed of. It is of-course true that Division Bench had granted four weeks' time to dispose of such representation. However, granting some further relaxation to the respondent, we are not inclined to issue contempt notice straightway. However, we expect that upon receipt of this order, representation would be disposed of without any further delay and in any case before 15th June 2012. Respondent may note that such order, if not complied with without reasonable cause, may draw more severe action from this Court.
4. With above observations, the petition is disposed of.
Direct Service is permitted.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top