(1) Mr.Ronak Raval, learned Assistant Government Pleader, appears on advance copy on behalf of the respondent-State.
(2) The petitioners, as per their version in the petition, are the heirs and legal representatives of late Kurjibhai Bhagwanjibhai Sudani (Patel), and they have prayed for the following reliefs:
(a) That this Hon'ble Court may be pleased to issue appropriate writ, order or direction in the nature of mandamus or certiorari or any other appropriate writ, order or direction directing the respondents herein to correct the revenue survey number in the Rojkam at Annexure-B;
(b) That this Hon'ble Court may be pleased to issue appropriate writ, order or direction in the nature of mandamus or certiorari or any other appropriate writ, order or direction quashing and setting aside the proceedings of Sharat Bhang Case No.67 of 2004 initiated by the respondent No.1 herein;
(C) Pending admission, hearing and final disposal of the petition, an interim injunction may kindly be granted staying the further proceedings of Sharat Bhang Case No.67 of 2004 initiated by the respondent No.1;
(d) That this Hon'ble Court may be pleased to pass such and further order as the nature and circumstances of the case may require."
(3) As far as prayer (a) is concerned, the same cannot be granted in a petition under Article 226 of the Constitution of India. Similarly, it transpires from the record (at Page 34) that a show cause notice dated 15.06.2004 has been issued by the competent authority viz. Deputy Collector, Rajkot whereby the proceedings for breach of condition have been initiated in the name of father of the petitioner-Patel Kurjibhai Bhagwanjibhai. As the present petition is filed after six years, even on the ground of delay the petition deserves to be dismissed.
(4) Mr.B.D.Datta, learned advocate for the petitioners, however submitted that at least the competent authority i.e. Deputy Collector, Rajkot, respondent No.1 herein, may be directed to give opportunity of being heard to the petitioners as now the petitioners are affected parties, being the legal heirs and representatives of late Kurjibhai Bhagwanjibhai Sudani (Patel), upon whom the aforesaid notice has been issued.
(5) In view of the aforesaid, respondent No.1 is hereby directed to decide the aforesaid notice dated 15.06.2004 after giving opportunity of being heard to the petitioners, being the heirs of late Kurjibhai Bhagwanjibhai Sudani (Patel), as expeditiously as possible.
(6) As far as rest of the prayers prayed for are concerned, the same are dismissed. However, the aforesaid direction is issued only with a view to see that the show cause notice is issued way back on 15.06.2004.
(6) With the aforesaid directions, the petition is disposed of. Direct service permitted.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top