The petition has been adjourned a number of times, mostly on requests made on behalf of the learned Assistant Government Pleader, in order to take instructions. Today when the matter is taken up, Mr. Maulik G. Nanavati, learned Assistant Government Pleader submits, that in spite of written communications dated 21.04.2011 and 26.04.2011 sent by him, there is no response from any responsible officer of respondent No.1, therefore, he is unable to take instructions.
The learned Assistant Government Pleader was asked to take instructions in view of the judgment of the Supreme Court, rendered in Civil Appeal No.5341 of 2006, in the matter of Union of India and Others Vs. S.K. Kapoor, on 16.03.2011, more particularly because the said judgment would have some applicability looking to the issue involved in the present case.
As the learned Assistant Government Pleader is unable to elicit any response from respondent No.1, it is directed that a senior, responsible officer, of the Revenue Department of the State Government, shall remain present in the Court on 03.05.2011.
List on 03.05.2011.
A copy of this order be provided to the learned Assistant Government Pleader, today.
(Smt. Abhilasha Kumari, J.) Safir* Top