1. Leave to amend granted. The amendment to be carried out forthwith.
2. Considering the observation made by Secretary in the order impugned, it prima facie appears that the land in question is a gauchar land (as observed by the Secretary). Mr. Vyas, learned Counsel for the petitioner has tendered photocopy of the latest village form no.7/12 and even form no.8A which indicates that the land in question bearing survey no. 396 part-1 is a government waste land and no gauchar land as observed by the Secretary. Hence, notice returnable on 13.8.2012.
3. Respondent no.3 is hereby directed to file Affidavit-in-Reply along with the report as regards the status of the land in question latest by SCA/8848/2012 2/2 ORDER 9.8.2012. Registry to provide copy of this order to Ms. Asmita Patel, learned Assistant Government Pleader for compliance.
Sd/-
(R.M. Chhaya, J.) M.M.BHATT