1. This petition under Article-226 of the Constitution of India has been preferred, with the following prayers :
"(A) Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus direction directing the respondent no.2 to reconfirm the allotment of A16-00 Gu. Land from land bearing survey number 212 of moje Dhelana and further be pleased to record the name of the petitioner into the revenue record in respect of land allotted to the petitioner vide order dated 05.11.77 of Deputy Collector, Palanpur.
IN ALTERNATIVELY Your Lordship may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to consider the case of the petitioner within a stipulated time and to pass appropriate order of allotting land (A.16-00 Gu.) to the petitioner at any other villages like Jalotra, Thuvar, Aseda or Bhildi.
(B) During the pendency and final disposal of this petition, Your Lordship may be pleased to direct the respondents to consider the case of the petitioner within a stipulated time and to pass appropriate order of allotting land (A.16-00 Gu.) to the petitioner at any other villages like Jalotra, Thuvar, Aseda or Bhildi.
(C) Your Lordship may be pleased to pass such other and further order in the interest of justice which may be deemed fit to this Hon'ble Court."
2. It is the case of the petitioner that he was allotted land as an Ex-Army Man, vide order dated 05.11.1977. The Village Panchayat challenged the order of allotment. The said order was cancelled by the Collector and the cancellation of allotment was upheld by the Special Secretary (Appeals) against the petitioner. The Civil Suit filed by the petitioner in this regard was also dismissed. On 30.04.2007, the Collector alloted some part of the land in question to the Forest Department. According to the petitioner, he is still in possession of the said land and has made several representations to the authorities for grant of the land or for allotment of any other land as per his entitlement.
3. Mr.Mehul H. Rathod, learned advocate for the petitioner states that the petitioner has made a representation on 16.01.2012 to the Collector, Palanpur, Banaskantha and the interest of justice would be met, if the Collector, Banaskantha (Respondent No.2) is directed to consider and decide the same, within a time-bound period, as the petitioner is entitled as an Ex-Army Man for allotment of the land and has been deprived of the land that was alloted to him in the year 1977.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed :
The Collector, Banaskantha (Respondent No.2) is directed to consider and decide the representation dated 16.01.2012 made by the petitioner (Annexure-G to the petition), in accordance with law, after giving an opportunity of hearing to the petitioner. The decision upon the representation shall be made within a period of three months from the date of hearing.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top