RAMESHBHAI HIMATLAL GATHANI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) It is submitted by the learned counsel for the petitioner that the learned Mamlatdar and A.L.T., Taluka: Dholka had issued suo moto notice under the provisions of Gujarat Agricultural Lands Ceiling Act and in particular under Sec. 26(1) to the petitioner herein in respect of the holding of the petitioner. It is submitted that the petitioner submitted his affidavit-in-reply on 14/8/2014 explaining that his land holding was less than the ceiling prescribed under the Act. It is further submitted that the petitioner also filed his reply to the notice issued under Sec. 26(1) of the Act. That by further notice dtd. 10/2/2016, the Mamlatdar and A.L.T. called upon the petitioner, as to why the land be not declared as excess under the Act. It is submitted that similar notice is also came to be issued on 16/3/2020 and 18/8/2020 under Sec. 26(1) of the Act to which the petitioner filed his affidavit-in-reply on 16/10/2020. He further submits that further written reply was submitted before the learned Mamlatdar on 27/10/2020. It is finally submitted that till date no order has been passed by the learned Mamlatdar and the case is pending for adjudication and final orders. He submits that till today a period of two years and five months have passed and the petitioner is aged 76 years. He, therefore, prays that the learned Mamlatdar and A.L.T., Dholka be directed to dispose of Case No.1 of 2012 pending before him within a reasonable time.

(3.) Learned AGP Mr. Jayneel Parikh submits that if the said case has not been decided then direction may be issued to dispose of the same within a reasonable period of time.