Gujarat High Court
Arun Amarnath Agrawal vs Surat Municipal Corporation on 22 February, 2021
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
C/SCA/12776/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12776 of 2020
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ARUN AMARNATH AGRAWAL
Versus
SURAT MUNICIPAL CORPORATION
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Appearance:
RONITH JOY(9560) for the Petitioner(s) No. 1
MR DHAVAL G NANAVATI(2578) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 22/02/2021
ORAL ORDER
Heard Mr. Darshan Kinariwala, learned advocate with Mr. Ronith Joy, learned advocate for the petitioner and Mr.Dhaval G. Nanavati, learned advocate for the respondent.
Mr. Darshan Kinariwala, learned advocate for the petitioner submits that main issue which is required to be determined would be whether the construction made by the petitioner is on his own land or on Common Open Plot (COP) land and the entire controversy revolves around the said issue only. Therefore, since in writ petition under Article 226 of the Constitution of India, the controversy related to disputed question of facts cannot be said. Hence, Mr. Kinariwala, learned advocate seeks permission to withdraw this petition with a view to file appropriate proceedings before the competent court.
Permission, as prayed for, is granted. Present petition Page 1 of 2 Downloaded on : Thu Jan 13 01:40:00 IST 2022 C/SCA/12776/2020 ORDER stands disposed of as withdrawn.
It is clarified that this Court has not gone into the merits of the matter and whatever proceedings the petitioner may take up, the same may be decided in accordance with law without being influenced by the fact that this petition is withdrawn by the petitioner.
(NIRZAR S. DESAI,J) ila Page 2 of 2 Downloaded on : Thu Jan 13 01:40:00 IST 2022