Learned advocate for the petitioners has invited this Court's attention to the order passed in Special Civil Application No. 458 of 2012 with Special Civil Application No. 489 of 2012, and submitted that he has supplied copy of this order to learned AGP also, and requests the Court that this matter also be disposed of on the same lines. Learned AGP could not controvert these facts nor could he pointed out any substantive difference between the matters so that the request could be resisted. Hence the Court is inclined to pass following order.
The petitioners approaching concerned authority i.e. Deputy Collector, Baroda, with an appropriate written request within a week from today, then, the same shall be decided by Deputy Collector in accordance with law, preferably within three months from the date of written request/representation. The Court has not opined anything in favour of either parties. The matter is purely remanded with an absolute liberty to the concerned authority i.e. Deputy Collector to come to his own conclusion in accordance with law. The concerned authority shall grant opportunity to the petitioners before deciding the same. With theses observations petition is disposed of. Rule discharged. No costs.
It goes without saying that petitioners would be at liberty to approach the Court with fresh petition in case the decision is adverse, after exhausting all the alternative remedies. Direct service permitted.
[ S.R. BRAHMBHATT, J ] /vgn Top