RAVI R.TRIPATHI, J. - (1.) IN these matters, pursuant to the order passed by this Court on 24.4.2013, a representation was made by the present appellant/petitioner which is considered and rejected. Rejection of that representation was communicated by order dated 23.5.2013 under the signature of Mamlatdar, Okhamandal, Dwarka.
(2.) LEARNED senior advocate Mr.Joshi with Mr.Majmudar for the appellant invited the attention of the Court to the aforesaid communication and submitted that the representation of the petitioner/appellant is rejected only on the ground that the petitioner/appellant is not an agriculturist. Learned senior advocate for the appellant submitted that, ACC, from whom the petitioners have taken the land on lease, was a private limited company and therefore there was no question of a private limited company being an agriculturist, and hence a deeper application of mind was required on the part of the authority, 2.1 Continuing with that, learned senior advocate for the appellant submitted that the Court wanted a higher officer of the rank of Secretary to consider the representation and pass order in accordance with law after taking into consideration all the relevant aspects. Learned AGP Mr.Rindani submitted that ACC had derived the rights in the land prior to promulgation of right and, therefore, the name of ACC was entered in the revenue records. But now that the promulgation of right is already made. The petitioner/appellant, who is not an agriculturist, his name cannot be entered in the revenue records. The authority may look into this aspect and find out whether there is any such land held by a company.
(3.) TAKING into consideration the aforesaid facts, it is deemed proper to dispose of this LPA by directing respondent No.1 to reconsider the representation made by the appellant/petitioner afresh in accordance with law and decide the same at the earliest, preferably by 31.8.2013. It goes without saying that in the event the decision is not in favour of the appellant, it will be open for the appellant to take recourse to the remedy available under the law. The LPA is disposed of accordingly. It is clarified that this Court has not examined the matter on merits. Direct service is permitted.;