1. Heard Mr. Subhash G. Barot, learned advocate for the petitioner and Ms. Asmita Patel, learned AGP for the respondents on advance copy.
2. Rule. Considering the prayers prayed for and with consent of the learned advocates appearing for the parties, this petition is taken up for final disposal forthwith.
3. The issue involved in the present petition which recites in an unfortunate state of affairs whereby the order passed in writ petition under Articles 226 and 227 of the Constitution of India has not been obeyed by respondent No.2 who is the authority of the State Government. This Court would have issued a notice of contempt against respondent No.2 but instead of that, this Court thinks it fit to give one more chance to the said authority to carry out the directions issued by this Court.
4. It would be sufficient to note that this Court (Coram: M.R. Shah, J.) while allowing Special Civil Application No.6064 of 1992 by judgment and order dated 7.9.2005 had in para 5 observed thus: “5. For the reasons stated hereinabove, the petition succeeds in part. The judgment and order passed by the Gujarat Revenue Tribunal in Revision Application Nos.TEN.B.A.1130 and 1131 of 1984 dtd.8/4/1988, the order passed by the Dy.Collector, Dabhoi in Ceiling Revision Application No.4 of 1984 dtd.4/7/1984, the order passed in Ceiling Appeal No.30 of 1983 and order passed by the Mamlatdar and ALT, Dabhoi in Ceiling Case No.4 of 1976 dtd.24/10/1983, Remand Case No.348 are hereby quashed and set aside and the matter is remanded to the Mamlatdar and ALT, Dabhoi for deciding the same afresh in accordance with law and on merits, after giving an opportunity to the petitioner's son and his two major sons, as directed by the Gujarat Revenue Tribunal while passing judgement and order in Revision Application No.TEN.B.A.28 of 1982 dtd.24/8/1982, as early as possible, preferably within a period of four months from the date of receipt of writ of this order. Rule is mad absolute to the aforesaid extent. However, there will be no order as to costs.”
5. In view of the aforesaid direction, nothing more requires to be elaborated, except directing respondent No.2 to expedite the hearing of the said proceedings which are remanded back and carry out the directions of this Court not later than 31.10.2012.
6. Respondent No.1 is further directed to inquire into the reasons why the aforesaid judgment and order dated 7.9.2005 is not complied with till date and submit its report before this Court within a period of three weeks from the date of receipt of this order.
7. Registry shall place this matter after the aforesaid report is submitted by respondent No.1 as directed above.
8. With these observations, the petition is allowed.
Rule is made absolute. Direct service is permitted.
[R.M.CHHAYA, J.] mrpandya