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2021 Supreme(Guj) 349

A.Y.KOGJE
Samatbhai Khodabhai Makvana – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Kartik H. Bhatt.
For the Respondent: Mr. Ishan Joshi.

JUDGMENT :

A.Y. KOGJE, J.

1. RULE. Mr. Ishan Joshi, learned AGP waives service of rule for the respondent-State.

2. This petition under Article 226 of the Constitution of India is filed seeking direction to set aside the communication dated 19.06.2020 by the respondent no. 2-Collector, Bhavnagar addressed to the Deputy Secretary, Revenue Department, New Sachivalya, Gandhinagar.

3. It is the case of the petitioner that vide order dated 02.01.2012, learned Additional Secretary (Appeals), Revenue Department had remanded the matter of the petitioner back to the respondent-Collector with several directions referring to the Government Resolution dated 08.01.1980 pertaining to regularizing government land which was in possession of the petitioner for cultivation.

4. Learned advocate for the petitioner submits that despite detailed directions were given by the Secretary (Appeals) for following of the provisions of the aforesaid resolution more particularly, Paragraph No. 4 of the said resolution and to decide the matter upon remand. The Collector belatedly, vide order dated 19.06.2020 had issued communication which indicates that the Collector has completely flouted directions therein.

5. Over a

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