Heard Mr.S.P.Majmudar, learned advocate for the applicant (original petitioner). It is submitted by him that by taking over possession of the land in question during the pendency of the petition by drawing up a Panchkyas on 13.01.2012, the State Government has tried to overreach the process of the Court as notice for final disposal was issued by this Court on 01.12.2011, in the main petition. That, instead of filing an affidavit-in-reply and defending the petition, the State Government has put up a Board on the land in question on which it is written that the land belongs to the State Government and possession has been taken over by drawing the Panchkyas. It is submitted that the action, including that of taking over possession of the land, has been taken by the State Government, even though the question, whether the applicant can be considered to be the lawful owner of the land in question, or not, is pending consideration of the Court.
Ms.Nisha M.Thakore, learned Assistant Government Pleader, prays for time in order to file an affidavit-in-reply.
It is noticed by the Court that this application has been adjourned twice. No affidavit-in-reply has been filed in the application, or in the main petition. Though the applicant (original petitioner) has prayed in the application to restore the possession of the land, at this stage, the following order would, in the view of this Court, meet the ends of justice:
Issue Notice returnable on 20.04.2012.
The State Government is directed to remove the Board that is put up by it on the land in question, before the next date of hearing. Any action taken by the State Government during the pendency of the petition shall be subject to the final decision of the petition.
The State Government is at liberty to file affidavit-in-reply to the main petition as well as to the application, if it so desires.
Though the main matter has been directed to be listed today, it has not been listed on the Board. The petition be listed on 20.04.2012 along with the Civil Application.
Direct Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top