1. This petition under Article-226 of the Constitution of India has been preferred, with the following prayers :
"a) YOUR LORDSHIPS may be pleased to admit this petition.
b) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction by directing the Respondent No.1 to hear and decide the Revision Application No.JMN/BVN/78/2011 pending before Respondents No.1 filed by the petitioner immediately within a stipulated time limit that the Hon'ble Court may deem think fit in the interest of justice.
c) Pending admission, hearing and final disposal of the petition, YOUR LORDSHIPS may be pleased to stay and suspend the orders dated 24/02/2009 and 13/12/2010 at Annexure-B and Annexure-C respectively in the interest of justice.
d) YOUR LORDSHIPS may be pleased to grant anu other and further reliefs as may be deemed fit and proper in the interest of justice."
2. The grievance of the petitioner is that in the year 1963 the predecessors-in-interest of the petitioner was allotted land bearing Survey No.294/1 paiki, admeasuring 06-Acres 00-Gunthas for the purpose of cultivation by respondent No.2. The land was of old tenure. In the year 2004, a notice was issued to the petitioner by Deputy Collector, Bhavnagar (respondent No.3) for not cultivating the land for more than three consecutive years. On the date of hearing, the petitioner could not remain present, therefore, respondent No.3 concluded that there was a breach of condition by the petitioner and the land was vested in the State Government by order dated 25.06.2008. The order of respondent No.3 was challenged by the petitioner before the Collector, Bhavnagar, who confirmed the same by order dated 24.02.2009. Against the order of the Collector, the petitioner has preferred a Revision Application before the Special Secretary (Appeals). In the meanwhile, the petitioner had also preferred an application for regrant of the land that was rejected. Hence, the petitioner has approached this Court by making the prayers, as reproduced above.
3. Mr.Nirzar S. Desai, learned advocate for the petitioner submits that the petitioner may be permitted to make an application for early hearing before the Special Secretary (Appeals), who may be directed to consider and decide the same, taking into consideration the facts and circumstances of the case.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed :
In the event that the petitioner makes an application for early hearing of the Revision Application preferred by him, being Revision Application No.JMN/BVN/78/2011 before respondent No.1 within a period of two weeks from today, the said respondent shall consider and decide the same, in accordance with law, taking into consideration the facts and circumstances of the case in proper perspective, within a period of four weeks from the date of receipt thereof.
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