Gujarat High Court
Madhukantaben Ramniklal Patel vs State Of Gujarat & 2 on 27 March, 2015
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
C/SCA/4786/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4786 of 2015
================================================================
MADHUKANTABEN RAMNIKLAL PATEL....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
================================================================
Appearance:
MR C B UPADHYAYA, ADVOCATE for the Petitioner(s) No. 1
MR. R.A.RINDANI, AGP for the Respondent(s)
================================================================
CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 27/03/2015
ORAL ORDER
1. Rule. Learned AGP Mr. R.A.Rindani waives Rule for the Respondent State.
2. The present petition is filed by the Petitioner under Articles 14, 21, 226 and 227 of the Constitution of India as well as under the provisions of the Bombay Land Revenue Code, 1879 for the prayers inter alia that the impugned order passed by the District Collector, Bhavnagar dated 31.12.2014 may be quashed and set aside on the grounds stated in the memo of petition.
3. Heard learned Advocate Shri C.B.Upadhyaya for the Petitioner.
4. During the course of hearing learned Advocate Shri Upadhyaya stated that the Petitioner may be permitted to make a representation Page 1 of 3 C/SCA/4786/2015 ORDER to Respondent No.2 - District Collector, Bhavnagar for the grievance of the Petitioner that the Gada Marg or the right of way of the Petitioner may not be affected, and to find some solution, he would make the representation. Learned Advocate Shri Upadhyaya further submitted that the same may be directed to be decided within a period of two weeks and till then status quo may be maintained.
5. In the facts and circumstances and as it involves the details with regard to the factual background and evidence, it is desirable that the present petition is permitted to be withdrawn with the permission to make the representation in detail to the Respondent No.2 - Collector, Bhavnagar, and the said representation shall be made within a period of two weeks from today and the Respondent No.2 will decide the same in accordance with law on merits after giving an opportunity of hearing within a period of two weeks thereafter.
6. It goes without saying that Respondent No.2 may decide the same on its own merits in accordance with law as this Court has not considered the merits of the matter. The Respondent No.2 will consider the representation on the basis of the material and pass appropriate orders.
7. With the aforesaid observations and directions, the present petition Page 2 of 3 C/SCA/4786/2015 ORDER stands disposed of. The status quo is directed to be maintained till then with regard to the land in question. Rule is discharged. DS.
(RAJESH H.SHUKLA, J.) JNW Page 3 of 3