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2021 Supreme(Online)(Guj) 6651

HIGH COURT OF GUJARAT
BIREN VAISHNAV, J
DAKSHABEN NARSINHBHAI CHAUHAN – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR VASANT R BAROT
For the Respondents: MR. MEET THAKKAR, MR C P CHANIYARA, MR. DINESH N TRIVEDI

ORDER

1 Heard Mr.Vasant Barot, learned advocate for the petitioner, Mr.Meet Thakkar, learned Assistant Government Pleader for respondent No.1 and Mr.C.P.Chaniyara, learned advocate for respondents Nos. 2 to

5. The case of the petitioner is that she was allotted a free plot for residential use pursuant to the order of allotment dated 23.06.2014 passed by the Taluka Panchayat, Lathi. The affidavit-in-reply filed by the Taluka Development Officer in February 2017 indicates that the petitioner was not allotted the plot free of cost pursuant to the policy and the order dated 23.06.2014. The petitioner insisted that she be allotted the plot where the health center is active, and therefore, refused the allottment pursuant to the order dated 23.06.2014. Having once refused to take allotment of a plot allotted and particularly when at the place where the petitioner wants a plot and a health center is working, no right, much less fundamental right accrues to the petitioner for allottment of a free residential plot. The petition is accordingly, dismissed.

However, it is clarified that in the event the petitioner makes a representation to the competent authority for allottment of

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