Devji Bhikha Raval vs Secretary and Another

K.S. Jhaveri, J.—The Petitioner by filing this petition has challenged the order passed by the Secretary (Appeal), Revenue Department whereby he rejected the revision application filed by the Petitioner challenging the order passed by the Collector, Palanpur.

The Petitioner herein admittedly occupies the small portion of the Government land on which he has put up his stall in which he is carrying on activities of watch repairing. He had applied to the Government for regularisation of his unauthorised occupation. His request, however, came to be turned down by the impugned order dated 21.06.1997 passed by the Revenue Secretary. In the impugned order, it is stated that the occupation of the Petitioner is situated close to the S.T. Depot on the main road, due to which, there is narrowing of the road resulting into hindrance in smooth flow of the traffic. On this count, the authority was pleased to turn down the request of the Petitioner.

The persons similarly situated to the Petitioner, who are doing the business in the adjacent shops filed other petitions in which the learned Single Judge passed the following order:

In the facts and circumstances of the case, it is provided that it will be open for the Petitioners to make representation to the Respondents seeking alternative allotment of the land for their stalls on payment of the current market price and other leviable charges. If the Petitioners make such representation within four weeks from today, the same shall be examined in accordance with law and prevailing policy of the Respondents.

The said Petitioners have filed Letters Patent Appeals being Letters Patent Appeals Nos. 1347, 1348 and 1349 of 2008 stating that despite their making representations pursuant to the order dated 21st October 2008 passed by the learned Single Judge, no alternative land was allotted to them for carrying on business. The Division Bench of this Court disposed of the said appeals with a direction to the Respondents to decide the representation as expeditiously as possible and, in any case, within three months from the date of receipt of copy of order.

In that view of the matter, it will be open for the Petitioner to make a representation to the Respondents seeking alternative allotment of the land for his stall on payment of the current market price and other leviable charges. If the Petitioner makes such representation within four weeks from today, the same shall be examined in accordance with law and prevailing policy of the Respondents within a period of six months from the date of receipt of such representation.

With the aforesaid observations and directions, petition stands disposed of.