DILIPKUMAR JASHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present petition under Articles 14, 19, 21 and 226 of the Constitution of India, petitioners have challenged the Notice dated 8.5.1998 issued by the Mamlatdar, Taluka-Gandhinagar as well as the Order dated 30.7.1998 passed by him, asking the petitioners to hand over peaceful and vacant possession of land which is situated in village Jamiyatpura.

(2.) THE brief facts arising from the case are as under:

(3.) HEARD learned Advocates appearing for both the sides Looking to the background and the factual scenario of the matter, I am of the opinion that when the Collector has remanded the matter for reconsideration of the value of the land, the Mamlatdar, who is much below in hierarchy in the office of the Collector, could not have issued notice dated 8.5.1998 and passed order dated 30.7.1998, that too, after a period of 10 years of order passed by the Collector dated 2.6.1988. The Mamlatdar ought to have perused the records of the case of the petitioners and ought to have decided the market price of the land which was directed by the Collector vide its order dated 2.6.1988.