(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) This appeal is directed against the order passed by the learned Single Judge dated 6.3.2012 in Special Civil Application No.2486 of 2012. By the impugned order, the learned Single Judge rejected the writ petition on the ground that the petition was filed after about 8 years from the date of the order passed by the Collector.
The appellant was given the piece of land for growing trees for a period of 30 years. After the expiry of the said period, the question of renewal of the said lease arose. The prayer for renewal of lease was not granted by the Collector, which order was challenged after about 8 years by way of writ petition.
Learned counsel for the appellant submits that the appellant is still in possession of the area of land in question and that the appellant is willing to take said area on fresh lease, if renewal is not granted. Learned counsel for the appellant states that the appellant would like to make representation / application in this behalf requesting the Collector to grant the land in question on fresh lease.
Without expressing any opinion on the aforesaid aspect, we permit the appellant to withdraw this LPA in order to make appropriate representation / application to the Collector. If any representation / application is made, it is for the Collector to decide the same in accordance with law and shall also consider as to whether the claim for fresh lease can be considered on merits and as per the policy of the Government or not.
Counsel for the appellant further states that subsequently, the Collector has renewed the adjoining lease of another occupier in the year 2011.
It will be open for the appellant to take all available points in the representation / application as deemed fit and the Collector will consider this aspect as to whether on the ground of parity, the prayer of the appellant can be granted.
Subject to what is observed hereinabove, present LPA is disposed of.
It is clarified that we are not expressing any opinion in any manner and it is for the Collector to decide the same in accordance with law and as deemed fit.
Consequently, Civil Application for stay does not survive and disposed of accordingly.
Direct service is permitted.
(P.
B. MAJMUDAR, J.) (MOHINDER PAL, J.) (vipul) Top