Gujarat High Court
Chandubhai Purshatambhai Bhalala vs State Of Gujarat & 4 on 2 January, 2018
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/LPA/3/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 3 of 2018
In CIVIL APPLICATION NO. 15190 of 2017
In SPECIAL CIVIL APPLICATION NO. 16733 of 2017
With
CIVIL APPLICATION NO. 17 of 2018
In
LETTERS PATENT APPEAL NO. 3 of 2018
================================================================
CHANDUBHAI PURSHATAMBHAI BHALALA....Appellant(s)
Versus
STATE OF GUJARAT & 4....Respondent(s)
================================================================
Appearance:
MR PJ KANABAR, ADVOCATE for the Appellant(s) No. 1
A R SHAH, CAVEATOR for the Respondent(s) No. 3 , 5
MR VENUGOPAL PATEL, ASSISTANT GOVERNMENT PLEADER
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 02/01/2018
ORAL ORDER
NOTICE returnable on 10th JANUARY, 2018. Learned Advocate Mr. A.R. Shah who appears on behalf of the Caveator waives service of notice for the respondents No.3 and 5.
The challenge is to the order of the learned Single Judge passed while exercising jurisdiction under Article 226(3) of the Constitution of India. Learned Advocate Mr. P.J. Kanabar for the Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Jan 02 22:55:58 IST 2018 C/LPA/3/2018 ORDER appellant submitted that the plot in question is from the beginning considered as a common plot and therefore, be made available for common amenities of the citizens. This fact is strongly disputed by learned Advocate Mr. A.R. Shah who appears on behalf of the Panchayat and who has drawn the attention of this Court to the documents on record, more particularly, the Kararnama dated 05.07.2013 bearing the signature of the appellant himself by which the construction on the plot was agreed to be carried out in a particular manner and that the Panchayat is carrying out the construction in conformity of the said agreement.
Considering the aforesaid facts, more particularly, when the construction of the Panchayat Building is in progress, it would not be in the interest to stall the said construction. However, the construction made thus, would obviously be subject to the final outcome of the petition.
Direct Service is permitted for the rest.
Sd/-
(A.Y. KOGJE, J.) CAROLINE Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Jan 02 22:55:58 IST 2018