1. This petition under Article-226 of the Constitution of India has been filed, with the following prayers :
"A) This Hon'ble Court may be pleased to admit this Special Civil Application.
B) This Hon'ble Court may be pleased to allow this Special Civil Application by issuing appropriate order or direction directing respondent authority to forthwith conclude the hearing and submission of report in respect of entry No.2132 at village Khamdhrole for survey No.115/1 and 115/1 paiki and also be pleased to direct respondent authority to expedite the entire process as referred at Annexure-E in the facts and circumstances of the present case.
C) This Hon'ble Court may be pleased to allow this Special Civil Application by directing respondent authority particularly respondent No.1, and respondent No.3 Talati to submit report forthwith in respect of Hak Patrak entry No.2132 (survey No.115/1 and survey No.115/1 paiki) land at village Khamdhrole, 5 acres and 10 Gunthas of land and be pleased to direct them to submit report about status of the agriculturist of husband of Parvatiben in the facts of the present case.
D) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to call for the report in furtherance to the communication at Annexure-E in respect of entry No.2132 at village Khamdhrole in the facts and circumstances of the present case.
E) Pending admission, hearing and final disposal of this petition, this Hon'bel Court may be pleased allow this petition by directing respondent authority to grant an opportunity of hearing to the petitioner and be pleased to direct the to decide representation/communication made by petitioner at Annexure-F, G & A in the interest of justice.
F) Grant such other and further relief(s) as deemed just and proper in the interest of justice."
2. At the outset, Mr.Nirav Sanghavi, learned advocate for Mr.Ashish M. Dagli, learned advocate for the petitioner states that the interest of justice would be met, if the petitioner is permitted to make a representation to the District Collector, Junagadh (Respondent No.2) for ventilating his grievances, and directions may be issued to the Collector to decide the representation, in accordance with law, within a stipulated period of time.
3. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed :
The petitioner may make a representation to the District Collector, Junagadh (Respondent No.2), within a period of 15 days from today. If the representation is made within the stipulated period of time, the District Collector, Junagadh (Respondent No.2), shall consider and decide the representation, in accordance with law, after giving an opportunity of personal hearing to the petitioner. The decision upon the representation shall be made within a period of three months from the date of hearing.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top