Gujarat High Court
Abhaysinh Mohansinh Rajpurohit vs State Of Gujarat on 13 October, 2022
C/SCA/13043/2022 ORDER DATED: 13/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13043 of 2022
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ABHAYSINH MOHANSINH RAJPUROHIT
Versus
STATE OF GUJARAT
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Appearance:
MR MAULIK R SHAH(6385) for the Petitioner(s) No. 1
MR. MEET THAKKAR, AGP for the Respondent(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 1
MR DHAVAL G NANAVATI(2578) for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 13/10/2022
ORAL ORDER
1. The present petition is filed by the petitioner/s mainly seeking relief qua order revoking development permission granted by the respondent authorities, without hearing the petitioner/s.
2. Heard learned advocates appearing for the respective parties.
3.1 Learned advocate Mr. Maulik R. Shah for the petitioner/s has submitted that the development permission is revoked without giving opportunity to the petitioner/s to represent his case and if the appropriate Page 1 of 3 Downloaded on : Mon Oct 17 22:20:52 IST 2022 C/SCA/13043/2022 ORDER DATED: 13/10/2022 order is passed by directing the Senior Town Planning Officer, Surat Urban Development Authority to give opportunity of hearing to represent his case along with necessary details, it would meet ends of justice. 3.2 Learned advocate Mr. Dhaval G. Nanavati appearing for the respondent Nos.2 & 3 submits that if this Court deem fit then the respondent authority shall hear the petitioners and shall pass appropriate order, in accordance with law.
4. Considering the averments made in the present petition and considering the submissions of the petitioner/ s, it is appropriate to direct the Senior Town Planning Officer, Surat Urban Development Authority to hear the present petitioner/s on 20.10.2022 between 12:00 noon and 4:00 p.m. and after giving proper opportunity to represent his case and considering the documents available with the respondent authority, take the decision in accordance with law and thereafter, shall communicate to the petitioner within a period of four weeks thereafter.
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C/SCA/13043/2022 ORDER DATED: 13/10/2022
5. It is clarified that it is the grievance of the petitioner/s that he/they is/are not heard, therefore, it is expected that on the date of hearing i.e. on 20.10.2022, the petitioner/s shall remain present and shall cooperate in the process of proceedings.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA/64 Page 3 of 3 Downloaded on : Mon Oct 17 22:20:52 IST 2022