1. Heard Mr. Mishra, learned advocate for the petitioner and Mr. Mahendra Patel, learned AGP for the respondents.
2. In pursuance of the order dated 23.1.2012 and previous order dated 28.12.2011, Ms. Manisha Chandra, Collector Panchmahal, Mr. M.M. Patel, Taluka Development Officer and Mr. J.L. Majmudar, Talati are present in the Court.
3. Mr. Mahendar Patel, learned AGP has submitted that Ms. Manisha Chandra, Collector Panchmahal tenders unconditional apology for the delay caused in taking appropriate action and also for not having acted in pursuance of the earlier order dated 28.12.2011 since her officer was not conveyed said order.
4. The Collector has submitted that since the function of executing Recovery Certificate have been delegated to the District Development Officer and Taluka Development Officer in view of the resolution passed by the Government, she was not aware about the inordinate delay caused by the said two officers in executing the Recovery Certificate. However, now since details have come to the notice she would ensure that the Recovery Certificate is executed at the earliest and she will also take steps to immediately initiate action against the concerned officers who are at fault.
5. In view of the aforesaid request and submissions by the Collector, the apology is accepted and the presence of the Collector is dispensed with, however with the clarification that appropriate action against the defaulting officers must be immediately initiated and the "action taken report" should be placed on the record through learned AGP, before next date of hearing. The respondent No.2 Collector and the concerned District Development Officer are granted time until 24.2.2012 to ensure that the payment required to be made to the petitioner as per the Recovery Certificate dated 1.8.2006 is recovered and paid to him. It is clarified that if the aforesaid directions are not complied with then default will be viewed seriously.
S.O.
to 27.2.2012.
(K.M.THAKER,J.) Suresh*