1. By way of this petition under Article 226 of the Constitution of India, the petitioner-Mehsana Nagarpalika has challenged order dated 30.07.2011 passed by the Additional Secretary, Revenue Department (Appeals), Ahmedabad in Revision Application No.MVV/JMN/MSN/07/2009 as well as order dated 23.06.2009 passed by the Collector, Mehsana.
2. Considering the factual aspect involved in the present petition, it appears that the petitioner-Mehsana Nagarpalika is aggrieved by the decision taken by District Collector, Mehsana as the same pertains to title over the land admeasuring 4549 sq.yards, which, according to the petitioner, was granted to the petitioner.
considering the ratio laid down by the Hon'ble Supreme Court in the cases of (i) Oil and Natural Gas Commission & Anr. Vs. Collector of Central Excise, reported in 1995 Supp (4) SCC 541, (ii) Oil and Natural Gas Commission Vs. Collector of Central Excise, reported in (2004) 6 SCC 437 and
(iii) Punjab & Sind Bank Vs. Allahabad Bank & Ors., reported in (2006) 4 SCC 780, as the dispute on a particular issue is between two authorities, which are constitutes of the State administration, it is always appropriate that such issues are resolved by internal machinery and therefore, instead of entertaining the petition on merits, interest of justice would be served if the petitioner-Mehsana Nagarpalika is directed to file representation before the High Power Committee appointed by the State of Gujarat to redress its grievance vide resolution dated 06.02.2006.
4. Having regard to the issue involved in the present petition and submissions made by the learned counsel for the parties as well as taking into consideration the observations made by the Hon'ble Supreme Court in the above-referred decisions, this Court is of the view that the petition can be disposed of at this stage by relegating the petitioner to file a representation before the High Power Committee of HC-NIC Page 2 of 3 Created On Tue Mar 01 02:27:18 IST 2016 SCA/6578/2012 3/3 ORDER the State of Gujarat within a period of four weeks from the date of receipt of this order and directing the said Committee to take appropriate decision after considering the same on its own merits giving an opportunity of being heard to the petitioner-Nagarpalika as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of such a representation.
It is directed accordingly.
5. With these observations and clarification, the petition stands disposed of. No order as to costs.
(R.M.CHHAYA, J.) Hitesh HC-NIC Page 3 of 3 Created On Tue Mar 01 02:27:18 IST 2016