Gujarat High Court
Sunil Prakashchandra Solanki vs State Of Gujarat on 6 October, 2022
C/SCA/20530/2019 ORDER DATED: 06/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20530 of 2019
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SUNIL PRAKASHCHANDRA SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
MS. KRUTI M SHAH(2428) for the Petitioner(s) No. 1
MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 3
MR MAHENDRA U VORA(3034) for the Respondent(s) No. 5,6
MR. VISHRUT R JANI(6696) for the Respondent(s) No. 4
MR MEET THAKKAR, AGP for the Respondent No.1
NOTICE SERVED BY DS for the Respondent(s) No. 2,7
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 06/10/2022
ORAL ORDER
The present petition is filed by the petitioner with a prayer to direct the respondents no.1, 3 and 4 to immediately remove the illegal and unauthorized construction put up on common open plot of Jalaram Nagar Cooperative Housing Society Limited by the respondents no.5 and 6 and further to direct respondent no.2 to take action against the respondents no.5 and 6 for carrying out illegal educational activities.
Heard learned advocates for the respective parties.
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C/SCA/20530/2019 ORDER DATED: 06/10/2022 Learned advocate for the petitioner has submitted that the petitioner has made representation earlier and thereafter approached this Court and pursuant to that order, representation was made but effectively not dealt with by the Authorities. Therefore, again, the petitioner has to approach this Court with the prayers noted above.
Per contra, Mr.Kaushal Pandya, learned advocate for the Corporation has drawn attention of this Court to the petition being Special Civil Application No.13623 of 2019 filed by respondent no.5 and has submitted that pursuant to that, this Court has directed the respondent no.5 vide order dated 08.08.2019 to make appropriate representation before the Corporation, but as per his instructions, respondent no.5 has never made any representation to the Authorities concerned.
Considering the averments made in the petition and considering the submissions made by the rival parties, it is appropriate to direct the respondent no.3 to hear the petitioner personally pursuant to earlier Page 2 of 3 Downloaded on : Fri Oct 07 20:52:02 IST 2022 C/SCA/20530/2019 ORDER DATED: 06/10/2022 representation dated 22.11.2017 and take into consideration the additional documents which will be submitted by the petitioner during the course of hearing and shall take decision after considering the record available with them in accordance with law, as early as possible, preferably within a period of six weeks from the date of receipt of this Court.
It is expected that the authority shall perform its statutory duty in accordance with law.
With above observation and direction, the present petition is disposed of, as no further prayer can be granted at this stage.
Direct service is permitted.
(SANDEEP N. BHATT,J) M.H. DAVE Page 3 of 3 Downloaded on : Fri Oct 07 20:52:02 IST 2022