DEVABHAI BHIKHABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Mr. Aditya Jadeja, learned AGP waives service of rule for the respondents. With consent of the parties, the matter is taken up for final hearing and decision today.

(2.) The present Special Civil Application is filed praying for the following reliefs:-

(3.) Mr. Rajesh Chauhan, learned advocate for the petitioners, submits that by the order dtd. 15/6/2016, the learned SSRD, Ahmedabad has specifically directed the Collector, Jamnagar to take into consideration the GR dtd. 13/5/1981 issued by the Revenue Department for allotment of the land to the petitioners. He submits that the Collector, Jamnagar, thereafter, has remanded the case of the petitioners to the Mamlatdar, Jodiya for deciding the case in accordance with the GR dtd. 13/5/1981. By the impugned order dtd. 25/7/2018, while recording the submissions of the petitioners that the benefit of the GR dtd. 13/5/1981 be taken into consideration for re- granting the land to the petitioners, in the operative portion of the said impugned order, neither any reference has been made nor the said contention has been adjudicated by the Mamlatdar, Jodiya despite specific orders by the learned SSRD, Ahmedabad as well as the learned Collector, Jamnagar on remand. He submits that in view of the specific directions, the Mamlatdar, Jodiya ought to have considered the GR dtd. 13/5/1981 and ought to have rendered the findings as to whether the petitioners should be extended the benefit of the said GR or not. He submits that the impugned order be set aside and the matter be remanded back and considered afresh by the Mamlatdar, Jodiya - respondent No.4 herein.