IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 10389 of 2004 For Approval and Signature: HON'BLE MR.JUSTICE M.R. SHAH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- GULAMNABI SULAIMANBHAI MEMON Versus THE DISTRICT COLLECTOR -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 10389 of 2004 MR MEHUL H RATHOD for Petitioner No. 1-6 .......... for Respondent No. 1-2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE M.R. SHAH Date of decision: 24/08/2004 ORAL JUDGEMENT Rule. Shri Sud, Ld. AGP is directed to accept Rule on behalf of the respondents and waive service of rule on behalf of the respondent nos.1 and 2. 2. The petitioners, by way of this Special Civil Application under Article 226 of the Constitution of India, have prayed for an appropriate writ, direction or order directing the respondent no.1 to decide the representation made by the petitioners for regularization of their wooden cabins on the land in question and to restrain the respondent authorities from taking any adverse action against the petitioners. The Learned Advocate appearing on behalf of the petitioners has submitted that representations have been made by the respective petitioners between 1994 to 2004 on different dates, copies of which are at Annexure A collectively. She has further submitted that till date there is no decision taken by the respondent no.1. Therefore, she requested to pass appropriate order directing the respondent no.1 to decide and dispose of the application submitted by the petitioners. She has relied upon the order passed by this Court dated 14.10.2003 in SCA No.14938 of 2003 and the order dated 17.10.2003 passed in SCA No.15247 of 2003 and requested to pass similar order as the petitioners of aforesaid two Special Civil Applications are also similarly situated. 3. Considering the fact that the representations are pending before the respondent no.1 and considering the order passed by this Court dated 14.10.2003 in SCA No.14938 of 2003 and the order dated 17.10.2003 passed in SCA No.15247 of 2003 and the direction issued by this Court in the aforesaid two Special Civil Applications, the respondent no.1 is directed to look into the representations dated 10.3.1994, 1.1.2001 and 13.12.2001, copies of which are at Annexure A collectivity to the petition and pass appropriate orders within a period of three months from the date of receipt of this order by him. Till the final decision is taken by the respondent no.1, the possession of the petitioners shall not be disturbed. The petitioner shall submit two copies of the petition to the Registry of this Court so that alongwith a copy of this order, the copy of the petition can also be forwarded to the respondents. In view of the aforesaid directions, the petition is disposed of as allowed. Rule is made absolute to the above extent with no order as to costs. (M.R.Shah, J) jitu