KUTCH SUPPLIERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Asmita Patel, learned Assistant Government Pleader, waives service of notice of Rule for respondents Nos.1 to 3 and Mr.P.R.Nanavati, learned advocate, waives service of notice of Rule for respondent No.4.

(2.) ON the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and finally decided.

(3.) BRIEFLY stated, the facts of the case, relevant for the decision of the petition are that, land bearing Traverse Survey No.155/1 Paiki, situated in village Kidana, Taluka Gandhidham, was allotted to the petitioner for the purposes of rice grinding and storage, vide order of the Collector (respondent No.2) dated 28.04.2006. While granting the land to petitioner, the Collector had called for the opinions of various authorities and, after considering the same, sanction from the Revenue Department of the State Government was obtained. One of the conditions of allotment contained in the order dated 28.04.2006 was condition No.6, which enjoins upon the petitioner to put up construction within the stipulated period of two years, as mentioned in the allotment order. The Collector issued a Show Cause Notice dated 29.06.2010 to the petitioner calling for an explanation why proceedings for breach of condition No.6 should not be initiated. According to the Collector, the petitioner had failed to put up construction within a period of two years from the date of the grant of the land. The petitioner gave a reply to the Show Cause Notice on 12.07.2010, along-with certain documents. However, the Collector, vide order dated 11.03.2011, directed that the land in question be vested in the State Government, for breach of conditions Nos. 1, 3, 4, 5, 6 and 8 of the allotment order. Feeling aggrieved by the aforesaid order, petitioner preferred a Revision Application before the Secretary (Appeals), Revenue Department (respondent No.1) that has been rejected by the impugned order dated 09.07.2012, confirming order passed by the Collector. In the above circumstances, the petitioner has approached this Court by way of the present petition.