1. Heard Mr.Chinmay Gandhi, learned counsel appearing for the petitioners and Ms.Asmita Patel, learned Assistant Government Pleader for respondent No.1.
2. Petitioners by way of this petition under Article 226 of the Constitution of India have prayed for following reliefs:
a)This Hon'ble Court be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus directing the respondents Nos.1 & 2 herein to allot the land as per the government policy to the petitioners on the land bearing Survey No.105 T.P. Scheme No.65 and Final Plot No.267 situate at Mouje village Chenpur, Taluka Dascroi, District Ahmedabad admeasuring 7345 SCA/13082/2011 2/3 ORDER sq.mtrs. like other employees of the City Civil & Sessions Court, Ahmedabad who have been allotted plot as per resolution dated 05.08.2011 Annexure-H.
b)Pending admission, hearing and/or final disposal of this petition, this Hon'ble Court be pleased to direct the respondents Nos.1 & 2 herein to allot the plot to the petitioners herein on the land bearing Survey No.105 T.P. Scheme No.65 and Final Plot No.267 situate at Mouje village Chenpur, Taluka Dascroi, District Ahmedabad along with other employees of the City Civil Court, Ahmedabad as per the list produced at Resolution dated 05.08.2011 Annexure-H.
3. In response to the notice as well as order dated 25th July, 2012 passed by this Court, Ms.Asmita Patel, learned Assistant Government Pleader, was directed to take instructions in the matter. Accordingly, on instructions from Mr.Misian, Under Secretary, Revenue Department, State of Gujarat, Ms.Patel, learned Assistant Government Pleader, states that case of both the petitioners shall be considered and the applications filed by both the petitioners shall be considered for allotment of suitable plot in accordance with prevailing policy of the State Government. As far as petitioner No.1 is concerned, the same shall be considered from the date on which the petitioner No.1 has SCA/13082/2011 3/3 ORDER completed five years. It is further stated that applications of both the petitioners shall be considered for any suitable land available within the City of Ahmedabad.
4. With these observations, the present petition is disposed of at this stage with a liberty to revive in case of difficulty. The respondent No.1-Secretary, Revenue Department, Government of Gujarat shall submit report of compliance of the statement made by Ms.Asmita Patel, learned Assistant Government Pleader, on behalf of the respondent No.1 latest by 05th November, 2012. Notice is discharged. No order as to costs.
(R.M. Chhaya, J) Anup