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Judgment
S.R. Brahmbhatt, J
Learned Counsel for the petitioner has submitted that the matter is not being heard on account of either leave note or sick note on the part of one of the applicant of Civil Applications and this is in fact requires to be viewed as an attempt to thwart the hearing of the matters. As the applicants in proceeding of Civil Application No. 1 of 1918 in WPPIL 163 of 2012 after obtaining the order of status quo as on date i.e. 18th July, 2018, the petition needs to be heard as expeditiously as possible.
Learned AGP at this stage places on record the communication sent to all the District Collectors by Deputy Secretary, Revenue Department, State of Gujarat. The second information in respect of this WPPIL No. 163 of 2012 and he submits that the information which would be placed on record which would further and facilitate the adjudication of the question raised in this petition.
Learned Counsel for the petitioner places on record a copy of the settlement between the State and the claimants indicating that from the date of settlement i.e. 18th February, 2018, the requisite handing over the possession where the orders are made to be effected. He has submitted that the action pursuant thereto has not been taken except places on record the information, which has been invited and this phase of functioning clearly indicates the lack of requisite voluminous abide by the settlement.
We are of the view that the learned Counsel for the petitioner is correct in its submission so far as the lack of requisite information at which the matter should have been proceeded as well as the settlement should have been complied with. However, without waiting further, the contention in this petition by the petitioner, we are inclined to grant time to the State as prayed for in pursuant to the circulatory communication dated 11.8.2019.
At the request of learned AGP, the matter is kept on 5th September, 2019. It is specifically observed that if no reply will file on or before 5th September, 2019, the matter will proceed.