(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Amrut N. Patel, learned counsel appearing for the petitioner and Mr. Urshit Oza, learned Assistant Government Pleader appearing for the respondent No.1 and Mr. Pranav Trivedi, learned counsel appearing for the respondent No.2.
2. This writ petition has been filed by the petitioner for the following reliefs :-
“(A) This Hon'ble Court may be pleased to issue a writ of mandamus and/or any other writ order or direction to the respondent No.1 to issue Section 4 Notification of the acquisition of land being Survey Nos.488 and 496 of village Mithadharva, Tal. Chansma, Dist. Patan for about 6423 Sq. Mts. As per the order dated 25.11.2011 of the respondent No.2 and pay the compensation;
(B) During the final disposal of this petition, be pleased to direct the respondent No.1 to publish Section 4 notification of the land of petitioner under acquisition;”
3. In paragraph 6 of the affidavit-in-reply filed by the respondent No.1, it has been stated as under :-
“6. I say and submit that on receipt of the proposals from respondent No.4, the answering respondent had asked for necessary documents required for the revenue record and title clearance. I further say and submit that recently the answering respondent had received required documents and hence the procedure for acquiring the above mentioned said land for permanent acquisition has been initiated. I further say and submit that the said land will be acquired accordingly by the procedure prescribed in the Land Acquisition Act, 1894.”
4. Since it has been stated by the respondent No.1 that the respondent No.1 has received documents and procedure for acquiring the land has been initiated. Therefore, shortly it shall reach to its logical end.
5. For the aforesaid reasons, the grievance of the petitioner stands satisfied at this stage. In view of the statement made in paragraph 6 of the affidavit-in-reply filed by the respondent No.1, this writ petition has become infructuous at this stage and is accordingly dismissed as infructuous at this stage. Notice discharged. There shall be no order as to costs.
Sd/-
[V. M. SAHAI, J.] Sd/-
[G. B. SHAH, J.] Savariya