(Per : HONOURABLE MR.JUSTICE A.J. DESAI) 1 We have heard learned Advocate Mr. Anshin H. Desai for the appellant and learned AGP Ms. Jirga Jhaveri for respondents.
2 It appears that after filing of the petition in the year 2001, the matter came up for final hearing before the learned Single Judge in the year 2011 and by judgment and order dated 13th September, 2011, the petition was dismissed and the interim relief granted in favour of the appellant – petitioner was vacated by the said order. By dismissing the petition, the orders passed by the authorities below which were challenged in the petition, were confirmed by the learned Single Judge.
3 By way of the present appeal, the appellant – petitioner has challenged the judgment and order dated 13.9.2011. The matter came up for hearing before the Bench on 2.2.2012. On that day, the learned Advocate for the appellant submitted a proposed Draft Amendment, by which it was contended that though the authorities were informed about the present appeal which was going to come up for hearing on 2.2.2012, requested not to take possession, however, the possession was taken over by the respondents on 1.2.2012. By the said amendment, prayer was also amended by the appellant.
4 It appears that after granting the land in the year 1979, several decisions have been taken by the authorities about the allotment of land in Saputara Hills in which the disputed land is situated.
5 An additional Affidavit has been filed by the Collector stating that the predecessor of the present deponent – Collector, had taken decisions without following the Resolution passed by the State Government in allotting the disputed land.
6 It appears to us that the appellant has more material to show that the case of other similarly situated persons have been considered by the authorities between 1979 and 2011, and in view of that the case of the appellant is also required to be considered in light of such orders passed by the authorities in favour of other persons. It is also submitted by the learned Advocate for the appellant that the State Government may also consider its several policies which are produced by the appellant either along with the petition or with the appeal. It is also submitted that the appellant has ample material to establish his case that he has not committed any breach of condition which was imposed by the authorities when the land was granted by the Collector in the year 1979.
7 Learned AGP Ms. Jirga Jhaveri, on telephone instructions received from Mr. M.J. Patel, Deputy Secretary, Tourism Department, Sachivalaya, Gandhinagar, informed the Court that the appellant is permitted to operate the generator. However, apart from allowing the appellant to operate the generator, they may be permitted to use the servant quarter also.
8 In view of the aforesaid facts and circumstances, we thought it fit that the appellant makes a detailed representation to respondent No.1 - i.e. the State of Gujarat, Revenue Department about his case along with all the documents, which have not been either filed before the learned Single Judge or before this Bench, within a period of one week from today and the respondent No.1 shall decide the representation within a period of four weeks thereof by a speaking order by considering all the grounds raised in the representation by the appellant. In the meantime, the respondents shall permit the appellant to use the Generator as well as the servant quarters.
9 In view of the peculiar facts and circumstances of the case, we set aside the impugned judgment and order dated 13.9.2011 passed by the learned Single Judge in Special Civil Application No. 5144 of 2011. The authorities shall comply with the directions issued here-in-above and dispose of the representation as stated here-in-above.
10. In view of the aforesaid observations and directions, the present appeal stands disposed of. No orders as to costs.
11 In view of the order passed in the main appeal, Civil Application No. 13774 of 2011 also stands disposed of accordingly.
12 Direct Service is permitted today.
(V.M. SAHAI, J.) ' (A.J. DESAI, J.) pnnair