1. Rule. Ms.Nisha Thakore, learned Assistant Government Pleader waives service of Rule on behalf of respondent Nos.1 to 5.
2. Considering the issue involved in the present petition, this Court vide order dated 28.09.2012 had issued notice for final disposal.
3. In response to the notice, Ms.Nisha Thakore, learned AGP pointed out that there is change in jurisdiction of the area. Ms.Thakore, learned AGP, on instructions, further submitted that formerly the land in question was within the local jurisdiction of the Deputy Collector, Anjar, whereas due to the change in the jurisdiction, now the land in question falls within the area of the Deputy Collector, Bhachau. Ms.Thakore, learned AGP after inquiring from the office of the Deputy Collector, Anjar as well as Bhachau, has pointed out that in fact, the records are not available as the matter is very old. Ms.Thakore, learned AGP, on further oral instructions, states that the office of the Deputy Collector, Anjar, has been able to locate the original record and is further trying to trace out the record from the office of the concerned Mamlatdar which is likely to consume some time. Ms.Thakore, learned AGP further states that on receipt of the record, the Deputy Collector, Anjar, shall transfer the record to the jurisdictional officer viz. Deputy Collector, Bhachau, who after giving an opportunity of being heard, shall decide the proceedings as prayed for in the present petition, as expeditiously as possible. Ms.Thakore, learned AGP further states that because of the ensuing Legislative Assembly Election, some longer time may be granted.
4. Considering the request made by Ms.Thakore and taking into consideration the fact that the proceedings are more than a decade old, while allowing the petition and directing respondent No.5, who is now the jurisdictional Deputy Collector, longer time needs to be granted for deciding the proceedings.
5. In view of the above, respondent No.5 is hereby directed to decide the application which is pending after verifying the records strictly and after giving an opportunity of being heard to the petitioner as expeditiously as possible latest within a period of six months from the date of receipt of this order.
6. It is clarified that respondent No.5 shall take appropriate decision as per the direction issued by this Court strictly, in accordance with law without being influenced by the present order in any manner whatsoever and shall ad-here to the time prescribed by this Court.
7. The petition is allowed. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(R. M. Chhaya, J.) rakesh/