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Judgment
K.S. Jhaveri, J.
Rule. Mr. R.A. Rindani, learned AGP, waives service of rule on behalf of the respondent. With the consent of both the sides, the matter is taken up for final hearing today.
By way of this petition, the petitioner has prayed to direct the respondent-authority to decide the application dated 28.04.2010 preferred by the petitioner in pursuance of the order passed by this Court in L.P.A. No. 912/1997 dated 06.10.1998.
The facts in brief are that the petitioner is the owner of the land admeasuring 24 acres 33 gunthas situated in Village Navanagar & Dharisan, Taluka Dehgam, District Gandhinagar. After holding necessary inquiry, vide order dated 09.02.1977, the authority concerned held that the petitioner does not possess any excess land. However, the said order was taken in suo motu revision by the Dy. Collector, who remanded the matter to the Mamlatdar concerned for deciding the case afresh. Pursuant to the remand, the Mamlatdar concerned recorded the finding that the petitioner was in possession of 3 acres 28 gunthas of land in excess.
Being aggrieved by the said order, the petitioner preferred an appeal before the appellate authority. However, the same came to be rejected. Against the said order, the petitioner filed Revision Application before the Gujarat Revenue Tribunal. However, the same was also rejected.
Thereafter, the petitioner filed S.C.A. No. 585/1984 before this Court but, the said petition came to be dismissed vide order dated 12.12.1996. The petitioner preferred L.P.A. No. 912/1997 against the said order. The said appeal came to be partly allowed, by judgment and order dated 06.10.1998, whereby, the orders passed by the authorities below as also the Tribunal, were quashed and set aside and the matter was remanded to the Mamlatdar concerned to decide the issue in accordance with law.
Pursuant to the above order passed by this Court in appeal, the petitioner approached the Mamlatdar concerned by way of application dated 28.04.2010. However, it is reported that till today no decision has been taken on the said application preferred by the petitioner. Hence, this petition.
Heard Learned Counsel for the respective parties and perused the documents on record. By order dated 06.10.1998 passed by this Court in L.P.A. No. 912/1997, the matter was remanded to the Mamlatdar concerned for decision afresh. It appears from the record that the authority concerned is sitting over the matter since long and has not taken any decision till today. The matter has been hanging fire since 1998. In view of the above and in the interest of justice, it would be appropriate that the Mamlatdar concerned decides the matter / application filed by the petitioner afresh in accordance with law and as directed by this Court vide order passed in L.P.A. No. 912/1997 dated 06.10.1998.
Consequently, the petition is allowed. The Mamlatdar concerned is directed to render its decision on the matter/application dated 28.04.2010 filed by the petitioner on or before 01st November, 2010 and to communicate the same to the petitioner immediately thereafter. If no decision is taken by the Mamlatdar concerned before the said date, the petitioner shall be at liberty to move this Court by way of an application under the Contempt of Courts Act.
With the above observations and direction, the petition stands disposed of. Rule is made absolute with no order as to costs. Direct service today.