Gujarat High Court
Dashrathbhai Bhurabhai Desai vs Collector, Ahmedabad on 8 May, 2019
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/8991/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8991 of 2019
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DASHRATHBHAI BHURABHAI DESAI
Versus
COLLECTOR, AHMEDABAD
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Appearance:
MR APURVA R KAPADIA(5012) for the Petitioner(s) No. 1,2
MR. ROHAN SHAH, AGP for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 08/05/2019
ORAL ORDER
NOTICE returnable on 26-06-2019. Learned Advocate for the petitioners points out that findings given even in the impugned order would go on to suggest that the application for proceedings under the Disturbed Area Act was initiated by the seller, does not appear to be bonafide. Moreover, attention is drawn to the Notification for declaring the area under the Disturbed Area Act, wherein the description of the present property is not found. Hence, area in question does not attract the provision of the Disturbed Area Act.
Learned AGP raises the issue of maintainability on the ground of alternative remedy being available by way of appeal under Section-6.
In view of the aforesaid, by way of interim relief, order dated 20-11-2018 passed by the City Deputy Collector (West), Ahmedabad is ordered to be stayed.
Direct service is permitted.
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