Leave to amend the Memorandum of the petition at paragraphs 3.1 and 3.2 so as to correct the averments regarding the father of the petitioner, is granted. The necessary amendments may be carried out forthwith.
Pursuant to order dated 4-5-2012 of this Court, Ms.Nisha M.Thakore, learned Assistant Government Pleader has taken instructions. She has produced a communication dated 11-5-2012 addressed to the Government Pleader by the Deputy Collector, Land Reforms and Appeals. The said communication is taken on record. It is stated in the said communication that after the requisite inquiry is made, the future course of action will be charted out within a period of 30 days. However, the said communication is not clear regarding the period of time which will be required by the Mamlatdar and ALT to decide the application of the petitioner.
Mr.
Satish A.Pandya, learned advocate for the petitioners, submits that the petition may be disposed of, by issuing directions to respondent No.4 to decide the application of the petitioners within a stipulated period of time.
As the communication dated 11-5-2012 speaks of an inquiry and a period of 30 days thereafter to take further course of action, the interest of justice would be met if the following order is passed:
The Mamlatdar and ALT, Dascroi shall finally decide the application of the petitioners being Tenancy/32/P/2C/Tenancy Case No.436 of 2009, in accordance with law, within a period of three months from the date of receipt of a copy of this order.
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) arg Top