ORAL ORDER
1. By the present writ petition, the petitioners are praying for a direction to consider and decide the written objections filed by the petitioners herein pursuant to the notice issued under Section 135(D) of the Bombay Land Revenue Code.
2. Learned advocate for the petitioners submits that the petitioners are legal heirs of the original land owner- Chimanbhai Adiyabhai Vasava in respect of survey no. 216 at Village- Dadheda, Taluka - Jhadadai, District- Bharuch. It is submitted that the co-owner of the disputed property, who are close relatives of the present petitioners requested the petitioners to relinquish their rights from the subject property and assured that they would be paid compensation for the present petitioner's relinquishment and give money
Page 1 of 3
to purchase the new land for continuing the farming activity.
2.1 Trusting the co-owners, the petitioners executed a relinquishment deed. The co-owner resiled from his promise for granting compensation after the submission of the relinquishment deed. Therefore, the petitioners herein raised their objections within 30 days from the receipt of notice under Section 135(D) of the Land Revenue Code from the learned Mamlatdar. Learned advocate submits that the same is pending consideration before the City Survey Officer, Jhagadia. He submits that notice under Section 135
(D) of the Code, the Competent Authority is required to pass reasoned order while deciding such objections. He therefore, submits that appropriate directions be passed to decide the objections raised by the petitioners expeditiously.
3. Learned AGP was directed to take appropriate instructions. He submits that the written objections of the petitioners are still pending consideration and appropriate orders may be passed.
4. Considering the submissions, the respondent No.4 - City Survey Officer, Jhagadia is directed to take decision on the pending written objections of the petitioners raised pursuant to the notice issued under Section 135 (D) of the Bombay Land Revenue Code and take appropriate action
Page 2 of 3
thereon within a period of six weeks from today. The written objections shall be decided on its own merits in accordance with law after giving due hearing to the petitioners. It is clarified that this Court has not gone into the merits of the case and no opinion is expressed thereon.
5. The present writ petition is accordingly disposed of. No order as to costs.
(ANIRUDDHA P. MAYEE, J.)
SALIM/
Page 3 of 3