VISHNUBHAI VITTHALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the outset, learned advocate Mr.Archit Jani has pointed out the directions issued by this Court in the judgment dtd. 15/6/2021 passed in Special Civil Application No.4911 of 2019 and has submitted that the respondent Collector, Ahmedabad has totally ignored the aforesaid directions and has only passed unreasoned order violating the observations with regard to refund of premium only. Learned advocate Mr.Jani has submitted that detailed representation was made by the petitioner and same is recorded in the entire order. However, while passing the final order, such contentions, which are raised by the petitioner, are not dealt with.

(2.) This Court has perused the impugned order dtd. 4/8/2021 as well as the directions issued by this Court vide judgment dtd. 15/6/2021 passed in Special Civil Application No.4911 of 2019. This Court in paragraph 11 has specifically directed the Collector to further probe the issue with regard to the land in question as old tenure land or not.

(3.) Without adverting or dealing with the contentions raised by the petitioner and merely incorporating the same, the respondent Collector has ignored the directions issued by this Court by not assigning any reasons whether the land in question is restricted tenure or not. Thus, the respondent Collector is directed to pass fresh order in light with the directions issued by this Court vide judgment dtd. 15/6/2021 passed in Special Civil Application No.4911 of 2019 and deal with all the contentions raised by the present petitioner and as incorporated in the impugned order dated 4 8.2021. Necessary order shall be passed by the Collector, Ahmedabad as expeditiously as possible preferably within a period of eight weeks from the date of receipt of writ of this order.