Gujarat High Court
Balubhai vs State on 9 May, 2012
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
Gujarat High Court Case Information System
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SCA/4020/2012 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4020 of 2012
=========================================================
BALUBHAI
RATNABHAI BODAR - Petitioner(s)
Versus
STATE
OF GUJARAT THRO SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Petitioner(s) : 1,
MS NISHA M THAKORE, LEARNED ASSISTANT
GOVERNMENT PLEADER for Respondent(s) : 1,
None for Respondent(s) :
2,
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 09/05/2012
ORAL
ORDER
1. This petition, under Article 226 of the Constitution of India, has been filed, with the following prayers:
"(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent no.2 corporation authorities to remove/demolish the illegal and unauthorized construction/encroachment existing upon the agricultural lands in question of the petitioner situated at Survey No.89 of Rajkot City admeasuring approx. 8 Sectors, 64 Ares and 1 Sq. Mtr. under the provisions of Section 260 of the Bombay Provincial Municipal Corporation Act, 1949 as per the orders dated 05th January, 201 (Annexure-"B" hereto) passed by the Learned District Collector - Rajkot in the proceedings before Cases Nos.21 of 2009 to 27 of 2009 initiated under the provisions of section 66 of the Bombay Land Revenue Code, 1879.
(B) During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to direct the respondent no.2 corporation authorities to remove/demolish the illegal and unauthorized construction/encroachment existing upon the agricultural lands in question of the petitioner situated at Survey No.89 of Rajkot City admeasuring approx. 8 Sectors, 64 Ares and 1 Sq. Mtr. under the provisions of Section 260 of the Bombay Provincial Municipal Corporation Act, 1949 as per the orders dated 05th January, 2010 (Annexure-"B" hereto) passed by the Learned District Collector- Rajkot in the proceedings being Cases Nos.21 of 2009 to 27 of 2009 initiated under the provisions of section 66 of the Bombay Land Revenue Code, 1879;
(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case."
2. At the outset, Mr.S.P. Majmudar, learned advocate for the petitioner, submits that he is not pressing the prayers made in the petition except to the extent that the Commissioner, Rajkot Municipal Corporation may be directed to consider and decide the representations dated 23.02.2010 and 12.03.2010 made by the petitioner, within a time-bound period.
3. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:
The Commissioner, Rajkot Municipal Corporation (respondent No.2) shall consider and decide the representations dated 23.02.2010 (Annexure-C) and 12.03.2010 (Annexure-D) made by the petitioner, in accordance with law, within a period of three months from the date of receipt of a copy of this order.
4. The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct Service of this order, is permitted.
(Smt. Abhilasha Kumari, J.) rakesh/ Top