1. This petition, under Article 226 of the Constitution of India, has been filed, with the following prayers:
"(A) YOUR LORDSHIPS may be pleased to admit and allow this petition.
(B) YOUR LORDSHIP may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order and/or direction questing and setting aside the order bearing No.M.R.SP-284-264 dated 25.08.2010 passed by respondent No.1 and measurement made in kami Jyasti Patraj (KJP) No.28 and Hissa Form No.4 thereby reducing/alter the land area bearing in account (Khata) No.27 of Block No.204, situate at Jagatpur, Taluka Dascroi, District Ahmedabad and restore originally land area of 4047 square meters and further be pleased to restore the original position of the subject land as was prior to passing of the order dated 25.08.2010 by the respondent No.1.
(C) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to stay and suspend the implementation, execution and operation of the impugned order dated 25.08.2010 passed by the respondent No.1 thereby reducing/alter the land bearing in account (Khata) No.27 of Block No.204, situate at Jagatpur, Taluka Dascroi, District Ahmedabad from 4047 square meters to 3237 square meters.
(D) Ad interim and/or interim ex parte relief in terms of para 9(C) hereinabove;
(E) YOUR LORDSHIPS may be pleased to grant any other and further reliefs as may be deemed fit and proper in the interest of justice."
2. The grievance of the petitioner is that upon the application made by one Shri Jayantilal Sankalchand Patel, the land of the petitioner has been reduced in measurement by the District Inspector of Land Record (D.I.L.R.), without calling upon the petitioner.
3. It is to be noted that Shri Jayantilal Sankalchand Patel has not been made a party respondent in the present petition.
4. After arguing for some time, Mr. Ajay S. Jagirdar, learned advocate for petitioner, states that he may be permitted to withdraw the petition, with a view to approaching the Collector against the action of the D.I.L.R. and the Collector may be directed to consider and decide the case of the petitioner, in accordance with law.
5. Upon the above statement made by the learned advocate for the petitioner, the following order is passed:
In the event that the petitioner approaches the District Collector against the action of D.I.L.R., the District Collector shall hear the petitioner and all concerned and affected parties, and thereafter pass an order, in accordance with law, as expeditiously as possible.
6. Subject to the above directions, permission to withdraw the petition, is granted. The petition is disposed of, as withdrawn.
Direct Service of this order, is permitted.
(Smt. Abhilasha Kumari, J.) rakesh/ Top