(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) 1.0 In this Special Civil Application, on 21st March 2012, the Court passed an order, relevant part of which, reads as under:
"...Learned Assistant Government Pleader Mr. L.R. Pujari to see that an officer not below the rank of Deputy Secretary from the Revenue Department and a responsible officer from the Collectorate, who is acquainted with the facts of the case are kept present before this Court on 26th March 2012.
Learned advocate Mr. Nikhilesh J. Shah appearing for respondent No. 3 shall see to it that Chief Executive Officer remains present before this Court at 11.00 AM on 26th March 2012."
2.0 Today when the matter is called out, learned Assistant Government Pleader Mr. Pujari informed the Court that the order was already communicated. The learned Assistant Government Pleader further states that the communication was by telephone. Despite that fact, Deputy Secretary, Mr. KD Upadhyay was not present before the Court. The learned Assistant Government Pleader was asked to contact the Deputy Secretary. The learned Assistant Government Pleader submitted that he does not have the mobile number and therefore, he contacted the department, who told at 11:15 a.m. that the Deputy Secretary has already left for High Court.
2.1 Learned advocate Mr. Nikhilesh J. Shah asked his officer to contact the Deputy Secretary, his officer informed that on contacting the department at Gandhinagar it is conveyed that the Deputy Secretary has left. The Court, therefore, asked the learned Assistant Government Pleader to request the Secretary, Revenue Department to appear before the Court. It is at 1:00 o'clock the Secretary, Mr. SA Golakiya, is before the Court along with the Deputy Secretary. The officers submitted through the learned Assistant Government Pleader that due to misunderstanding this has happened, it has never happened in past and it will not happen in future.
3.0 The Secretary, Revenue Department to file Reply and place on record as to why, though the land is acquired by applying 'urgency clause', the possession is not taken so far. The land was acquired by Section 4 Notification issued in 2003 (dated 8th July 2003). The award is already issued on 12th November 2006 and till date, neither the possession is taken nor any further steps are taken to fulfill the public object for which the land is acquired. At the request of Secretary, Revenue Department, the matter is adjourned to 3rd April 2012.
[ Ravi R. Tripathi, J. ] [ G. B. Shah, J. ] hiren Top