JUDGEMENT
ASHUTOSH J.SHASTRI -
(1.)This petition under'Article 226'of the Constitution of India is filed for the purpose of seeking following reliefs :
'(A) Your Lordships be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the Respondent No.2 to forthwith take decision as regards the communication dated 07.11.2019 (At Annexure A) forthwith:
(B) Pending admission, hearing and final disposal of this petition Your Lordships be pleased to call for the action taken report from the Respondent No.2 with regards to the communication dated 07.11.2019 (At Annexure A);
(C) Such other and further reliefs as deemed just and expedient be granted.'
(2.)During the course of submission, learned advocate Mr. Nirad Buch appearing for the petitioner has submitted that pursuant to original application for the purpose of seeking allotment of the land for residential purpose, the process to some extent has been carried out and since the same was not finalized, the petitioner was made to approach this Court by way of petition being Special Civil Application No. 21248 of 2016 wherein vide order dated 20.09.2018, the Hon'ble Court was pleased to dispose of the petition with a direction to consider and take appropriate decision on application within a period of three months. After the said order, to some extent, the process has been undertaken and on 10.01.2019 (on page 35), an order has also been passed with regard to carry out the process for the purpose of allotment of the land. In response thereto, Kabulatnama was also taken in the month of June 2019 reflecting on page 36 of petition's compilation and thereafter, on 18.07.2019, the recommendation was made from the office of the Collector, Surendranagar to the Secretary, Revenue Department, Sachivalaya, Gandhinagar for taking adequate steps in response to the proposal for allotment.
(3.)Learned advocate Mr. Nirad Buch has submitted that thereafter, the process appears to have been carried further and on 07.11.2019, again, the Resident Deputy Collector, Surendranagar District was constrained to make a request to the Secretary, Revenue Department to take appropriate steps with regard to the request of the petitioner for allotment of the land. But, according to learned advocate Mr. Buch, so far the process has not been finalized which has constrained the petitioner to approach this Court by way of present petition. Learned advocate Mr. Buch for the petitioner has submitted that appropriate direction be issued upon the authority to finalize the process which has been carried out pursuant to earlier order passed by the Coordinate Bench.
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