SURSANGJI KUBERJI THAKORE Vs. EXECUTIVE ENGINEER (SANAND)

JUDGEMENT

(1.) LEAVE to amend the cause -title is granted. The State of Gujarat, through the Secretary, Revenue Department, Gandhinagar, is permitted to be impleaded as respondent No.5 in the petition.

(2.) RULE . Mr.K.D.Pandya, learned Assistant Government Pleader, waives service of notice on behalf of the respondent Nos.1 to 3 and 5. The endorsement on the board indicates that the respondent No.4 is duly served with the notice, but, has neither appeared in person, nor through his lawyer, nor has filed any reply controverting the averments made in the petition . Therefore, this Court is of the opinion that it is not necessary for the petitioner to effect service of notice of rule upon the respondent NO.4. Having regard to the facts of the case, the petition is taken up for final disposal today.

(3.) BY filing the instant petition under Article 226 of the Constitution, the petitioners have prayed to issue a writ of mandamus or any other appropriate writ or order directing the respondents to make payment of compensation to the petitioners for acquiring their land bearing Survey No.850/4, which was situated at village Adraj, Taluka : Kadi, District : Mehsana, at the rate finalised by the High Court in First Appeal No.4319 of 2001 with interest.