This petition, under Article 226 of the Constitution of India, has been preferred with the following prayers:-
a) This Hon'ble Court be pleased to admit this petition;
b) This Hon'ble Court be pleased to issue a writ of mandamus or certiorari or in the nature of mandamus or certiorari or any other appropriate writ, order or direction, quashing and setting aside the endorsement dated 20th January 1960 made in the entry number 1297 dated 19th November 1959 insofar as it puts restriction on the land in question and declare the same to be null and void;
c) This Hon'ble Court be pleased to issue a writ of mandamus or certiorari or in the nature of mandamus or certiorari or any other writ, order or directions, quashing and setting aside the order dated 15th June passed by the Collector on an application preferred by the Petitioner and further be pleased to direct the Collector to decide the said application within a stipulated time as is deemed proper by this Hon'ble Court.
d) Pending the admission and final disposal of the petition, this Hon'ble Court be pleased to stay the implementation of the endorsement dated 20th January 1960 made in the entry number 1297 dated 19th November 1959;
e) This Hon'ble Court be pleased to grant ad-interim relief in terms of para-d;
f) To pass such other and further orders as are necessary in the interest of justice.
The petitioner has mainly challenged the endorsement dated 20.01.1960, made in Entry No.1297 dated 19.11.1959, insofar as it puts a restriction on the land in question.
After issuance of Notice to the respondents, an affidavit-in-reply, affirmed on 14.03.2012, has been filed on behalf of respondent No.3 (Mamlatdar, Lathi, District: Amreli), wherein it is stated that the petitioner has an alternative remedy to approach the Collector for removal of restrictions and the Collector is competent to decide the same, in accordance with law.
On the basis of the above averment made in the affidavit-in-reply, Mr.Harshadray A.Dave, learned advocate for the petitioner, states that the petitioner has mainly approached this Court as, while imposing the conditions of new tenure on the land in question, he was not called upon by the authorities to show cause and was not granted a proper opportunity of hearing. It is further submitted that in view of the averments made in the affidavit-in-reply filed by respondent No.3, the petitioner shall approach the Collector for removal of the endorsement in the concerned Entry, therefore, the petition may be disposed of in view of the affidavit-in-reply.
In view of the above statement made by the learned advocate for the petitioner, and as the petitioner is desirous of approaching the Collector for redressal of the prayers made in the present petition, the petition is disposed of without any observation on merits. Notice is discharged.
Direct Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top