ORAL ORDER

1. Heard learned advocate Mr. Pratik Y. Jasani for the petitioner and learned AGP Mr. Jainil Parikh for the respondent – State.

2. By way of this petition, the petitioner has prayed for following reliefs:-

“(A) YOUR LORDSHIPS be pleased to issue an appropriate writ, direction or order, quashed and set aside the impugned notice cum eviction order issued by the Respondent No.4/The Mamladar, Rajkot invoking the provisions of Section 202 of the Bombay Land Revenue Code (Annexure - “A”) in the interest of justice;

(B) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS be pleased to direct the respondent authorities and more particularly the Respondent No.4/The Mamlatdar, Rajkot not to take any action against the petitioner pursuant to the impugned notice cum eviction order dated 07.12.2023 (Annexure - “A”) in the interest of justice.

(C) YOUR LORDSHIPS be pleased to grant such other and further reliefs, in favour of the petitioners, as may be deemed fit and proper by this Hon’ble Court in the interest of justice.”

3. At this juncture, keeping all the rights and contentions of the petitioner to challenge any proposed action of the respondents open, learned advocate Mr. Jasani points out that the impugned notice at Annexure-A page-12 dated 07.12.2023 issued to the petitioner under Section 202 of Bombay Land Revenue Code learned advocate Mr. Jasani states that before issuance of such notice, no proceedings under Section 61 are undertaken, and therefore, at no point of time, petitioner was given any chance to represent or put forward his case or his version before the authority. He, therefore, by way of this petition, seeks only limited relief from this Court that he may be permitted to file a representation/reply to the respondent authority, namely, Mamlatdar, Rajkot City South pursuant to notice dated 07.12.2023 and the authority may be directed to take a final decision after considering the representation/reply of the petitioner.

4. Learned AGP Mr. Jainil Parikh could not dispute the fact that the proceedings under Section 61 have been undertaken.

5. In view of that, as the petitioner has not been given any chance to put forward his version, the petitioner is permitted to file his representation/reply in response to the impugned notice under Section 202 of Bombay Land Revenue Code dated 07.12.2023. Once the petitioner files the reply which he shall file within a period of two weeks from today, the authorities is directed to consider the same and take a decision upon notice dated 07.12.2023 in accordance with law. Till the petitioner’s representation is considered and the decision is communicated to the petitioner by way of registered post AD, the authority is directed not to implement the notice dated 07.12.2023. It is clarified that this Court has not gone into the merits of the matter.

6. With the above direction, the petition is disposed of.

Direct service is permitted.

(NIRZAR S. DESAI,J)

Manoj Kumar Rai