SCA/487620/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4876 of 2008 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 ? ========================================================= AJITSINGH A CHAUHAN, P.S. TO HIS EXCELLENCY THE GOVERNOR OF GUJARAT & 1 - Petitioner(s) Versus STATE OF GUJARAT & 4 - Opponent(s) ========================================================= Appearance : MR NIKHIL S KARIEL for Petitioner(s) : 1 - 2. NOTICE SERVED BY DS for Opponent(s) : 1 - 5. MR HUKAM SINGH, AGP for Opponent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 11/08/2008 ORAL JUDGMENT Heard the learned advocates appearing for the parties for final disposal of the petition. The petitioners had, pursuant to the Government SCA/487620/2008 2/3 JUDGMENT Resolution dated 29th March, 2001, applied for allotment of plot of land in Gandhinagar for their residential purpose. The petitioners claimed to be the Government employees on non-transferable posts and contend that they are covered by the provisions of the said Resolution. It is also the case of the petitioners that they had made such an application within the time prescribed. Application of the petitioner no.1 is produced on record, which shows that the same was made on 2nd January, 2001. Petitioner no.2 also made such an application within time which, according to the petitioner no.2, was made on 18th January, 2002. However, since the same was not forwarded to the Collector by their parent office within the time frame, the Collector did not receive such applications before the cut-off date i.e. 11th February, 2002. On this count, the applications of the petitioners were not considered. In response to the notice issued by this Court, an affidavit dated 25th July, 2008 has been passed on behalf of the Government stating, inter alia, that the applications shall be considered in terms of paragraph 8 of the Resolution dated 25th June, 2007. SCA/487620/2008 3/3 JUDGMENT Paragraph 8 provides, inter alia, that the applications were to be received by the Collector latest by 11th February, 2002. However, those applications which were received late, shall be processed by the Collector and forwarded to the Government with appropriate recommendations, whether such applications are required to be entertained or not ? Learned AGP Mr.Hukam Singh appearing for the Government submitted that in case of the present petitioners, the Committee constituted by the Government shall take a decision, whether their applications can be entertained, after receiving report from the Collector. He submitted that the same can be done within a period of two months. Under the circumstances, this petition is disposed of at this stage directing the Opponent to take decision in this regard within two months from today and communicate the same to the petitioners. Petition is disposed of accordingly. (Akil Kureshi, J.)