JAGDISHCHANDRA KACHARABHAI NAY Vs. COLLECTOR

JUDGEMENT

(1.) Mr.Japee, learned Counsel for the petitioner, states that respondents No.3 and 4 are served. With the consent of the parties the matter is finally decided today.

(2.) The short facts of the case are that it is the case of the petitioner that the petitioner is having residential land at Village Lolasan and he had applied for grant of additional land. The case of the petitioner is that the Gram Panchayat had recommended for allotment of the land. However, subsequently the area was allotted to the petitioner admeasuring 35-31-90 sq. mtrs. on condition that the recovery shall be made of the adjacent land.

(3.) The respondent No.5 preferred appeal before the District Collector and as per the decision dated 30-7-1998, the appeal was dismissed but the District Collector while confirming the order also directed the petitioner to remove the construction made by him on the Western side exceeding 19 ft., not allotted to the petitioner. The petitioner preferred revision before the State Government against the order of the District Collector and in he said revision initially stay order was granted. Thereafter, as per the petitioner the respondent No.5 herein submitted the application objecting the grant of stay and the hearing of the application was fixed on 1.2.2000. It is the case of the petitioner that on 1.2.2000 the matter was kept on 7.3.2000 and the petitioner had remained present on 7.3.2000 and on that day the matter was not heard and the petitioner was communicated that the next date of hearing will be communicated to him. It is further the case of the petitioner that the petitioner enquired into the matter, but he came to know about the final order having been passed by the Secretary of the State Government on 22.7.2004 only when Gram Panchayat issued notice to him dated 30th September, 2004 that the revision is dismissed and the stay order is vacated and it is under these circumstances the petitioner has approached this Court by preferring this petition.