Gujarat High Court
Pratapbhai Suragbhai Varu vs State Of Gujarat & 4....Opponent(S) on 11 August, 2014
Bench: Bhaskar Bhattacharya, J.B.Pardiwala
C/WPPIL/242/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 242 of 2014
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PRATAPBHAI SURAGBHAI VARU....Applicant(s)
Versus
STATE OF GUJARAT & 4....Opponent(s)
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Appearance:
MR HARSHIT S TOLIA, ADVOCATE for the Applicant(s) No. 1
MR PARTH S TOLIA, ADVOCATE for the Applicant(s) No. 1
MR PARTH BHATT, AGP for the Opponent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 11/08/2014
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Pursuant to our earlier order, Mr.Bhatt, the learned AGP has taken instruction and submits that Survey No.196 is a very big plot of land which consists of Survey Nos.196/1, 196/2 and 196/3. Mr.Bhatt submits that, out of those plots, only Survey No.196/2 is gauchar land and a report is submitted by Mr.Bhatt in that regard. However, such fact has been seriously disputed by Mr.Tolia, the learned advocate appearing on behalf of the petitioner. Mr.Bhatt wants to file affidavit asserting the aforesaid fact. We grant fortnight's time to file such affidavit.
On the basis of the report submitted by Mr.Bhatt today, we modify our earlier order only to the extent that there should be no mining operation in Survey No.196/2. We will consider further Page 1 of 2 C/WPPIL/242/2014 ORDER modification of the interim order after filing of the affidavit. The question whether apart from Survey No.196/2 other plots are gauchar land or not will be considered by us after filing of the affidavit and the mining operation which is continuing in other parts of the land will abide by the final result in this application.
Let the matter appear after fortnight. Copy of the report submitted by Mr.Bhatt be kept with the record.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) *malek Page 2 of 2