JASHUBHAI KAVAJI KHARADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioner has prayed for following reliefs:-

(2.) The case of petitioner is that despite the fact that there is a legitimate claim put forth by petitioner over the forest land bearing Survey No.650 Paiki admeasuring 5 Acres situated in village Dalpatpura, Taluka Vijaynagar, District Sabarkantha, authority has not examined his case. However, during pendency of the proceedings, respondent filed an affidavit pointing out that upon request of the petitioner, decision is already taken way back on 2/8/2013 and by virtue of this decision, if petitioner is aggrieved, there is an appeal remedy provided before the Chairman, District Level Committee and Collector, Sabarkantha/ Himmatnagar and same can be filed within a period of 60 days.

(3.) There appears to be a little controversy about service of this impugned communication dtd. 2/8/2013. However, when the matter is taken up for hearing, without entering into the said controversy, learned advocate Ms. Kruti M. Shah under instruction seeks permission to withdraw the petition since petitioner is already inclined to approach by way of an appeal before Appellate Authority as indicated in communication dtd. 2/8/2013 and has requested if petitioner approaches the authority within some time stipulated by this Court, authority may examine it on merits instead of raising technical plea of delay.