KALUBHAI SAMJIBHAI NAKUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case are that the petitioners together with other persons are claiming the status as Scheduled Caste belonging to Satvara Community. It is the case of the petitioners that they have applied for allotment of the plot of the land of 100 sq. yards each as per the policy of the Government. Since no action was taken the petitioner preferred Special Civil Application No.13335/1993 which came up before this Court (Coram: B.S.Kapadia, J.) on 6.9.1994 and this Court was pleased to observe that the Collector is directed to look into the matter and shall sympathetically consider the matter for allotment of the land from Survey No.1415 and if the land is not available, the matter may be considered for allotment of the nearby land. In view of the said observations made by this Court and direction to decide the application, the petitioner withdrew the petition. It appears that thereafter as per the case of the petitioner the applications were made. However, no actions were taken and as per the information of the petitioner, the land of Survey No.1415 was converted into 25 sq. mtrs plots for allotment to urban poor people and it is the case of the petitioner that they are belonging to rural area and the land is situated under rural area and, therefore, the land ought to have been allotted to them as per the observations made in the order dated 6.9.1994 in SCA No.13335/1993 and as the land was not allotted, the petitioners have preferred the present petition for the directions to the respondents to grant the land to the petitioner from Survey No.1415 of Village Madhapar-Vajepur on priority basis to the petitioners.

(2.) It appears that in this petition on 4.7.1996, when the petition was admitted, the ad-interim relief was granted directing the respondent to maintain status-quo with respect to the subject matter of this petition. It further appears that thereafter on 30.8.1996, this Court passed the following order:

(3.) It also appears that after the order dated 30.8.1996 was passed as referred to hereinabove, since some submission was made at later point of time, subsequently on the same date the order was passed, whereby the Court found that the Officers of the State Government have committed act of contempt of Court by recording the statement of the concerned petitioner that they are not desirous to get any other land from Survey No.1415. Since no record for allotment of the land was available and as the file could not be produced before the Court, it was also observed that in spite of the directions given as per the order dated 6.9.1994, the land appears to have been allotted and, therefore, the Court drew adverse inference and for such purpose also issued notice for contempt. Mr.Mengdey, learned AGP has stated during the course of the hearing that the said contempt proceedings are disposed of as per the order dated 29.10.1996 with the observations that the decision as to allotment will be taken in accordance with the directions already issued and also in accordance with the provisions of the scheme within a period of four weeks from today. It has been stated by Mr.Mengdey that after the order dated 29.10.1996 passed by the Division Bench of this Court in the contempt proceedings only four persons submitted applications for allotment of the land and the authority have allotted four plots from the land bearing Survey No.774, but thereafter as the four persons have not deposited the amount the possession of the land is not handed over.