LALABHAI MATHURDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India with following prayers:-

(2.) Learned Advocate for the petitioner submitted that the petitioner applied for allotment of land at concessional rates under the scheme of allotment of land to Government servants. Pursuance thereto, the petitioner was allotted plot No.587/2 admeasuring 81 sq. mtrs., Sector-26, Gandhinagar. It is submitted that as the petitioner was in need of money for performing social function, the petitioner wanted to sell the plot. He therefore filed application before the authority in 2012. It is submitted that the application of the petitioner is still not decided probably on the ground that as per the order dated 02.11.2012 passed by the Supreme Court in SLP No.896 of 2012, wherein it is directed that till the Suo Motu Special Civil Application No.13550 of 2000 is decided by the this Court, no further allotments or permission to transfer the plots already allotted under the government resolution in question, would be granted without the level of the High Court. In light of the said order dated 02.11.2012, the application of the petitioner to grant him permission for sale of Government allotted residential plot is still not being decided. Therefore, the petitioner has filed the present petition. The petitioner further seeks permission of this Court to grant permission to transfer the said plot of the petitioner to third party as per the order dated 02.11.2012 of the Supreme Court.

(3.) It is submitted that pursuant to such orders, the authorities, thereafter, have considered the case of such petitioners and have passed separate orders in each case. One of such order by the authority is today produced on record which is dated 06.10.2018 in case of one Smt.Suman Babubhai Shah. It is observed in Clause-9 that the order of the authority is made subject to outcome of SCA No.13550 of 2000 as well as SLP No.896 of 2012.