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Gujarat High Court · body

2017 DIGILAW 1524 (GUJ)

Chudasma Juvansang Surubha v. State of Gujarat

2017-09-04

SONIA GOKANI

body2017
ORDER : SONIA GOKANI, J. 1. All the petitioners before this Court are ex-defence personnels, who have approached this Court challenging the action of respondent No. 2 ordering cancellation of allotment of land to the petitioners vide order dated 26.5.2010 without issuance of notice and without availing any opportunity of hearing. 2. Reliefs sought for by the petitioners are as under:- “9. The Petitioner, therefore pray that: (A) The Hon'ble Court may be pleased to issue appropriate writ of mandamus or any other writ in nature of mandamus and/or order and/or direction to quash and set aside the impugned order dated 26.5.2010 passed by the Respondent No. 2 (Annexure-A) (B) The Hon'ble Court may be pleased to issue appropriate writ order and direction to the Authorities to give the physical possession of the land allotted to the Petitioners as per the order dated 2.8.2006 vide No. Jamin/Ka.Ni) Saroda/Vashi/2005-06 passed by the Respondent No. 3 after proper demarcation and physical identification (Annexure-B). (C) Pending hearing and final disposal of this petition the implementation/operation and execution of the impugned order dated 26.5.2010 at Annexure-A may kindly be stayed. (D) The Hon'ble Court may be pleased to direct the Respondent Authorities not to allot the land hearing Survey No. 878, Block No. 19 situated at Village Saroda, Taluka Dholka, District Ahmedabad to any other person or for any other purpose. (E) The Hon'ble Court may be pleased to grant the ad-interim relief in terms of para 9 (C&D).” 3. This Court, at the time of issuance of notice and thereafter, passed couple of orders. It is noticed that till date, no allotment has been finalised. Last communication of 27.2.2015 addressed to District Collector by the Additional Collector also reiterates whether there is a possibility of reviewing the earlier order in respect of Block No. 879 situated at Saroda village, Taluka Dholka, District Ahmedabad. The order impugned dated 26.5.2010 has reference of both Blocks No. 878 admeasuring 183 hectares and Block No. 19 admeasuring 21 hectares. The total, thus, comes to 204 hectares. The total number of petitioners to approach this Court are 26 in number. 4. This Court has heard Mr. N.D. Gohil, learned advocate for the petitioners and Mr. Krutik Parikh, learned Assistant Government Pleader for respondent No. 1. The total, thus, comes to 204 hectares. The total number of petitioners to approach this Court are 26 in number. 4. This Court has heard Mr. N.D. Gohil, learned advocate for the petitioners and Mr. Krutik Parikh, learned Assistant Government Pleader for respondent No. 1. Considering the fact that this is a matter concerning the ex-defence personnels where despite several orders and various interdepartmental communications, nothing has progressed nor has anything culminated into any fruitful gain resulting into allocation of the land. Learned Assistant Government Pleader for respondent No. 1 shall make a request to the learned Additional Advocate General to represent the State in this matter. 5. Matter shall proceed tomorrow on 5.9.2017.