Arun Baburao Koshti vs Surat Municipal Corporation & 2 on 20 February, 2014

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Gujarat High Court

Arun Baburao Koshti vs Surat Municipal Corporation & 2 on 20 February, 2014

Bench: A.J.Desai

           C/SCA/608/2014                                                                                                 ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  SPECIAL CIVIL APPLICATION  NO. 608 of 2014

=============================================
                 ARUN BABURAO KOSHTI....Petitioner(s)
                              Versus
          SURAT MUNICIPAL CORPORATION  &  2....Respondent(s)
=============================================
Appearance:
MR NK MAJMUDAR, ADVOCATE for the Petitioner(s) No. 1
=============================================

          CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
 
                                                Date : 20/02/2014
 
                                                      ORAL ORDER

1. By way of the present petition filed under Articles 14 and 226 of the Constitution of India, the petitioner has prayed in Para - 10 as under:

"(A) Admit this petition;

(B) Issue appropriate writ, order or direction directing the respondent Nos. 1 and 2 authorities to look into the representation made by the petitioner dated 25.10.2013 (30.10.2013) for demolition of illegal construction of commercial building, namely, Shiv Channel, putup on the sub plot Nos. 72A and 72B which is the common plots of Bhidbhanjan Industrial Society and to take appropriate decision upon the aforesaid representation in accordance with law in the aforesaid peculiar facts and circumstances of the case;

(C) Pending admission and final disposal of this petition, be pleased to pass interim order directing the respondent Nos. 1 Page 1 of 2 C/SCA/608/2014 ORDER and 2 authorities to decide the representation made by the petitioner dated 25.10.2013 (30.10.2013) and to take appropriate decision upon the same;

(D) Pass such orders as thought fit in the interest of justice."

2. Mr.N.K.Majmudar, learned advocate for the petitioner states that though representation has been made to the Surat Municipal Corporation with regard to the dispute in question, no action has been taken by it, and therefore, the appropriate may be passed.

3. Considering the peculiar facts and circumstances of the case, the following order would meet the end of justice.

[a] The Surat Municipal Corporation is hereby directed to consider the representation dated 25.10.2013 (30.10.2013) submitted by the petitioner in accordance with law after giving an opportunity of being heard to all the concerned parties preferably within a period of six weeks from the date of receipt of this order.

4. In view of the above, Mr.N.K.Majmudar, learned advocate for the petitioner does not press this petition and seeks permission to withdraw the present petition. Permission, as prayed for, is granted. The present petition is disposed of as withdrawn. Direct service is permitted.

(A.J.DESAI, J.) *Kazi...

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