KARTARKAUR NARAYANSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.Kirtidev Dave, learned advocate for the petitioners has tendered the draft amendment. Amendment is allowed in terms of the draft. The same shall be carried out forthwith.

(2.) It is submitted that the learned Secretary, in past, has passed an order dtd. 29/5/2018, requiring the Deputy Collector to verify and review the request of the petitioners. It is submitted that the Deputy Collector, accordingly, has issued a communication dtd. 29/9/2018, observing that there is no clear-cut direction to adjudicate the application. Also, once the land has been vested in the State Government, no documents are produced of the similarly situated parties wherein, the demand or request has been accepted. The Deputy Collector therefore, disposed of the review petition dtd. 6/7/2018. It is submitted that thereafter, the petitioners had been shunted from pillar to post inasmuch as, the learned Secretary has issued a communication dtd. 18/2/2019, that it has no jurisdiction. It is submitted that when the petitioners approached the Tribunal, the Tribunal had also expressed that it has no jurisdiction to adjudicate the cases under Sec. 79(A) of the Gujarat Land Revenue Code, 1879. It is therefore, urged that the petitioners have been left in lurch inasmuch as, the grievance of the petitioners has been remained undecided, despite the fact that allotment in favour of the petitioners was of the year 1964 and are in possession of the subject land.

(3.) Mr.Nikunj Kanara, learned Assistant Government Pleader was required to take instructions. Upon instructions, it has been stated that the review application, which has been disposed of by the Deputy Collector vide communication dtd. 29/9/2018, shall be decided after offering an opportunity to the petitioners and the Deputy Collector shall take a decision on the said application of the petitioners in accordance with law.