- (1.) By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs; "(A) Your Lordships may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the notice dated 24.05.2017 issued by the learned District Collector and may further be please to declare that the respondent no.2 does not have any locus to prefer application for renewal/allotment of the land in question once the order rejecting the applications for renewal having rejected by SSRD vide order dated 08.07.2005 having attained finality and may further kindly please to direct the respondent authority to initiate appropriate proceedings against the respondent no.2 for abusing the process of law. (B) Your Lordships may further be pleased to issue appropriate directions to comply with the order dated 12.08.2015 passed by this Hon'ble Court in SCA-12841 of 2015 in its true spirit. (C ) During the pendency and final disposal of the present petition, Your Lordships may kindly be pleased to stay all the further proceedings initiated by the learned District Collector pursuant to notice dated 24.05.2017; (D) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case."
(2.) The subject matter of challenge in the present petition is a notice dated 24th May, 2017 issued by the Collector, Amreli to the petitioner herein and the respondents Nos.2 to 4. The free English translation of the notice reads as under; "No. Ch.JMN-3-Vashi-4682-17 Collector Office, Amreli Date: 24.5.2017. To, (1) Sanjaybhai Kurjibhai Javiya, Post Nana Ankadiya, Taluka: Amreli (2) Sagar Salt Works, c/O. Jinabhai Virabhai Chauhan, Post Chanch, Ta: Rajula, Dist: Amreli. Subject: Pertains to land bearing S.No.70/1 Acres 40-00 gunthas at village Khera and S.No.114/1 Acres 70-00 gunthas at village Patva, Rajula Taluka, total Acres 110- 00 gunthas. In reference to above subject, it is informed that Sanjay Kurjibhai Javiya, Post Nana Ankadiya has made application for lease of lands bearing R.S.No.70 paiki Hectare 16-18-75 square meters (Acres 40-00 gunthas) at village Khera an R.S. No.114 paiki Hectare 28-32-81 square meters (Acres 70-00 gunthas)at village Patva, Rajula Taluka, for manufacturing salt. Also as per order dated 13.07.2016 passed by the Hon'ble High Court in the Special Civil Application No.4464 of 2016, applicant, namely, Shri Sagar Salt Works C/o. Jinabhai Virabhai Chauhan, post Chanch has applied for renewal lease of the lands granted on lease to the Sagar Salt Works for manufacturing of salt of lands bearing S.No.70 paiki Hectare 16-18-75 square meters (Acres 28-32-81 square meters (Acres 70-00 gunthas), at village Patva, Rajula Taluka totally Acres 110-00 gunthas. Hence, for same land, different parties are repeatedly making representations to the office. As, for this purpose, you are required to be heard, the hearing is fixed on 06.06.2017 at 12:00 O' clock in the office. You are requested to either remain personally present or through your lawyer with necessary evidences. If you failed to appear, then kindly note that it will be presumed that no submissions are to be made by you and further proceedings shall be conducted. "
(3.) The case put up by the writ applicant is that this notice is nothing but an outcome of a very mischievous move on the part of the respondents Nos.2 to 4. The dispute pertains to the two parcels of land, one bearing Revenue Survey No.70 paiki, situated at village Khera, Taluka: Rajula and Revenue Survey No.114 paiki at village Patva. These parcels of land earlier were allotted in favour of the respondents Nos.2 to 4 for the purpose of manufacturing salt. It appears that as they committed breach of the conditions, both the parcels of land stood forfeited with the State Government. In the meantime, the writ applicant herein applied with the Collector for allotment of the parcels of land as he also wants to start with the business of manufacturing of salt. Initially, the application was rejected. The matter reached upto the S.S.R.D and, thereafter, before this Court. This Court by an order dated 12th August, 2015 in the Special Civil Application No. 12841 of 2015 issued certain directions and disposed of the petition. The order reads as under; "1. By way of this petition, the petitioner has prayed to quash and set aside the order passed by Respondent No.1 in Revision Application No. MVV/JMN/AML/24/2011 dated 30.04.2015 as well as the order dated 14.05.2010, passed by the Collector. 2. Heard learned Counsels for the parties and perused the material on record as well as the contents of this petition. It is an admitted position of fact that, though, the petitioner was issued notice, he was not afforded an opportunity of hearing and the orders passed against the petitioner came to be confirmed. Further, the petitioner has produced certain documents before this Court, which were, unfortunately, not produced before the authorities below. Hence, this petition is PARTLY ALLOWED. The impugned orders are QUASHED and set aside and the matter is remanded to Respondent No.2 for his decision afresh in accordance with law and on merits, after affording the petitioner an opportunity of hearing. The aforesaid exercise be completed at the earliest, but, not later than 13TH SEPTEMBER, 2015, as the season for salt work would shortly come to an end. DISPOSED OFF, accordingly. Direct service is permitted." ;