ORAL ORDER
1. Heard learned advocate Mr. Vimal A. Purohit for the petitioners.
2. When it is pointed out to Mr. Vimal Purohit for the petitioners that as per the scheme of the Gujarat Agricultural Lands ceiling Act, 1960 against the order of the Mamlatadar, there is remedy of statutory appeal under section 35 of the Act is provided and therefore, the petitioner may avail the same.
3. Learned advocate Mr. Purohit submitted that in that case the petitioner would avail the remedy for preferring an appeal before the Deputy Collector, Vadhvan against the order passed by the Mamlatdar and therefore, permission to withdraw this petition may be granted.
4. Learned advocate Mr. Purohit for the petitioners further submitted that today only a pursis is given to the Deputy
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Collector, Vadhvan whereby the petitioner has sought to withdraw the appeal already preferred by him under section 35 of the Act. However, in view of the fact that today this petition is being withdrawn, the aforesaid purshish directed to be ignored and directions be issued to the concerned authority to hear and decide the appeal on its own merits, without taking into consideration withdrawal of this petition.
5. In view of the aforesaid submissions, permission as prayed for to withdraw this petition is granted, it is further directed that withdrawal pursis dated 09.12.2021 submitted by the present petitioners to the Deputy Collector, Taluka Seva Sadan, Vadhvan be ignored and without taking into consideration the aforesaid withdrawal pursis, the Deputy Collector, Vadhvan may proceed with the appeal preferred by the petitioners under section 35 of the Act in accordance with law on its own merits, without being influenced by the fact that the petition is withdrawn by this Court.
6. The petition stands disposed of as withdrawn.
7. It is clarified that this Court has not gone into the merits of the matter.
(NIRZAR S. DESAI,J)
VARSHA DESAI
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