BABUBHAI ISHARJI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India in which the petitioner has prayed for the following relief/s:

(2.) Heard learned advocate Mr. Kirtidev R. Dave for the petitioner, learned advocate Mr. Amar D. Mithani for respondent No.5, learned advocate Mr. H.S.Munshaw for respondent No.4 and learned Assistant Government Pleader Mr. K.M.Antani for respondent Nos. 1 to 3.

(3.) Learned advocate for the petitioner submitted that petitioner gave an application against the grant of land and permission to respondent No.5. The respondent No.4 - District Development Officer passed an order for removing the construction within a period of 30 days vide order dated 03.10.2011. Respondent No.5, therefore, challenged the said order before respondent No.2 by filing revision application. Respondent No.2 allowed the said revision application vide order dated 31.12.2013 whereby respondent No.2 directed respondent No.4 -? District Development Officer to take steps and report to the Collector if the case falls under Section 65-?B of the Gujarat Land Revenue Code (hereinafter referred to as 'the Code' for short). The grievance of the petitioner in the present petition is that though direction is given by respondent No.2 to respondent No.4 to take decision, till date, no decision is taken by respondent No.4. At this stage, it is also pointed out by learned advocate for the petitioner that earlier the petitioner filed petition being Special Civil Application No.16930 of 2017. This Court disposed of the said petition vide order dated 18.09.2017 by giving direction to respondent No.4 - DDO to look into the matter and take appropriate decision in accordance with law. It is submitted that till date, no decision is taken by respondent No.4 and therefore appropriate direction be issued to respondent No.4 as well as respondent No.3.