(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) Civil Application No.5499 of 2012 is filed by the applicant - original appellant seeking permission of this Court to withdraw Letters Patent Appeal No.579 of 2004 with a liberty to prefer fresh representation before the respondent authorities.
2. Though Civil Application No.5499 of 2012 is listed on the board, learned counsel appearing for the appellant has requested that instead of deciding this Civil Application alone, Letters Patent Appeal may also be decided, to which learned Assistant Government Pleader has no objection. Therefore, with the consent of learned counsel for the parties, we have taken up the Letters Patent Appeal also for final disposal.
3. Letters Patent Appeal No.579 of 2004 has been filed by the appellant - original petitioner challenging the judgment and order dated 27.11.2003 passed by the learned Single Judge in Special Civil Application No.12432 of 2001 whereby the learned Single Judge dismissed the writ petition of the appellant.
4. The learned Single Judge while dismissing the writ petition being Special Civil Application No.12432 of 2001 on 27.11.2003 made observations in paragraph 37 of the judgment which is extracted below :-
37. Considering the entire facts and circumstances of the case and applying the law laid down by this Court as well as by the Hon'ble Supreme Court, this Court holds that the petitioner is not entitled to the allotment and physical possession of the land in question on the basis of order/communication dtd.15.09.2001. Petition fails qua that relief. However, this would not absolve the State Government from discharging its obligation or fulfilling its commitment of allotting land to the petitioner. It is expected that the State Government will undertake that exercise as soon as possible, keeping mind the communication dtd.13.07.1970 and the statement made by Mr. Trivedi that the State Government does not want to back out from the said reaction in principle, so long as the land to be selected by the petitioner falls within the estate of the petitioner's family as defined under Section 20 of the Saurashtra Land Reforms Act, 1951."
5. Learned counsel Mr. Dipen Desai appearing for the appellant has submitted that in view of the statement made by the then Additional Advocate General Mr. Kamal B. Trivedi before the learned Single Judge, the appellant wants to withdraw the present Letters Patent Appeal with a view to make fresh representation to the State Government which the State Government may decide within a time bound period.
6. In the above fact situation, the appellant shall make fresh detailed representation to the State Government within a period of one month from today and the State Government shall decide the said representation of the appellant in accordance with law by a reasoned order and intimate the order on the said representation to the appellant within a further period of four months.
7. Subject to the observations made above, the present Letters Patent Appeal stands dismissed as withdrawn. Since the appeal is dismissed as withdrawn, both the Civil Applications also stand disposed of.
Sd/-
[V.
M. SAHAI, J.] Sd/-
[A.
J. DESAI, J.] Savariya Top