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Judgment
Learned Government Advocate, to accept notice for respondents No.1 and 2 and file memo of appearance in four weeks.
The petitioners are before this Court seeking issue of mandamus directing respondent No.2 to consider the representation dated 17.01.2018 at
Annexures ''E1'' to ''E60'' for issue of Hakkupatra.
Though several contentions are urged in the instant petition, the same need not be adverted to in detail inasmuch as, when similarly placed
persons were before this Court in W.P. Nos.9417-9451/2016, this Court through the order dated 03.03.2016 on taking note of the aspects
which is similar to the contentions herein, has arrived at the conclusion as hereunder:
Having taken note of the contentions that have been raised in the petitions and also the representations made to the 2nd respondent, it would
indicate that several factual aspects are to be taken into consideration and thereafter the decision is to be taken by the 2nd respondent in
accordance with law. Therefore, no opinion with regard to the right of the petitioners can be adjudicated in these petitions. All that could be done
is to direct the 2nd respondent to taken note of the representation filed by the petitioners, to verify all records and thereafter take a decision in the
matter in accordance with law.
To enable such consideration, each of the petitioners shall now file one more copy of the representations along with the supporting documents
with the 2nd respondent. The 2nd respondent on receipt of the same shall take a decision in the matter in accordance with law and convey the
same to the petitioners. Such decision in any event shall be taken in an expeditious manner, but not later than three months from the date on which
a copy of this order is furnished. Needless to mention that if the decision is in favour of the petitioners, the further proceedings in that regard shall
also be taken.
In that view, a similar consideration is required to be made in these petitions also. Hence, the petitioners herein also are granted the liberty of
filing one more copy of the representation along with the supporting documents with respondent No.2. Respondent No.2 on receipt of the same
shall take a decision in the matter in accordance with law and convey the same to the petitioner. Such decision in any event shall be taken in an
expeditious manner but not later than three months from the date on which a copy of this order is furnished.
Needless to mention that if the decision is in favour of the petitioners, the further proceedings in that regard shall also be taken.
Petition is accordingly disposed of.