COLLECTOR & OTHERS Vs. MUKESH ANANDMAL BASANTANI

JUDGEMENT

(1.) HEARD Mr. P. K. Jani, learned Government Pleader assisted by learned AGP Ms. Jirga Jhaveri for the appellants and learned advocate Mr. Dipen Desai for the respondent. By filing the present appeal, the appellants - State of Gujarat has challenged the decision rendered by learned Single Judge by oral judgment dated 12.12.2008 in Special Civil Application No. 6265 of 2002 and oral order dated 1.7.2011 passed in Misc. Civil Application for Modification of Order No. 1382 of 2011 by which the learned Single Judge has quashed and set aside the order dated 31.07.2001 passed by the Joint Secretary (Appeals), Revenue Department, State of Gujarat i.e. appellant No. 2 by which order dated 06.03.1995 passed by Collector, Dang granting Plot No. 22 at Saputara Hill Station to the petitioner was quashed and set aside.

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

(3.) UNFORTUNATELY the said resolution dated 18.4.1992 is not produced either before the learned Single Judge or before this Bench. It appears from the order dated 6.3.1995 that, while allotting the land to the respondent, the Collector has considered several notifications issued by the Government including notification dated 18.4.1992. Neither the learned Single Judge nor this Bench had opportunity to deal with the submission made by the learned Government Pleader. It also appears from the order dated 6.3.1995 passed by the Collector that, after considering the situation prevailing at Saputara Hills in 1995, he thought it fit to shift the plot from one place to another place. Even the learned Single Judge has also observed while issuing direction that a suitable place can be given to the allottee after verifying certain things.