SCA/23634/2005 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 23634 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE AKIL KURESHI ============================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ============================================================== LAKHMANBHAI KESHAVBHAI MER - Petitioner(s) Versus DISTRICT COLLECTOR PORBANDAR & 1 - Respondent(s) ============================================================== Appearance : MR YOGESH S LAKHANI for Petitioner(s) : 1, MR MR MENGDEY AGP for Respondent(s) : 1, None for Respondent(s) : 2, ================================================================== CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 09/12/2005 ORAL JUDGMENT 1. Rule. Heard learned advocate Shri Gurang Mehta for Shri Y.S. Lakhani for the petitioner and learned AGP Shri M.R.Mengdey for respondents who appears and waives notice SCA/23634/2005 2/3 JUDGMENT of rule on advance copy. 2. In the present petition, the petitioner has challenged a communication dated 21/2/2005 passed by Collector, Probandar. By the impugned communication the request of the petitioner for being granted five acres of land from Survey No. 1119 of Village Kuchhadi, Taluka: Porbandar dated 7th March, 2002 was rejected. The grounds stated for rejection were that during the pendency of the application of the petitioner he had without permission has encroached in the said land. 3. Learned advocate for the petitioner submitted that before coming to the conclusion that the petitioner has encroached the land, the Collector appears to have got some inquiry made. He submitted that the petitioner was not given any opportunity to represent his case about the aspect of encroachment. Had the petitioner been given an opportunity, he would have been in a position to convince the respondents that the petitioner has not made any encroachment. He further submits that even presently the petitioner is not in possession of the said land. 4. In view of the above submissions, this petition is SCA/23634/2005 3/3 JUDGMENT disposed of permitting the petitioner to make a fresh representation bringing to the notice of the Collector available material at his command to establish that the petitioner has never encroached on the land in question. If the petitioner makes such a representation within a period of four weeks from today, the Collector shall take the same into consideration and dispose of the same in accordance with law on the basis of available material on record without being influenced by the earlier order of rejection dated 21/2/2005. This may be done expeditiously and preferably within a period of four months from the date of receipt of a copy of the representation. With these directions, petition is disposed of. Rule made absolute. No order as to costs. 5. Direct Service permitted. (Akil Kureshi, J.) smita/