Gujarat High Court
State Of Gujarat & vs Atmadarshan Charitable Trust & 4 on 17 August, 2012
Author: M.R. Shah
Bench: M.R. Shah
SA/163/2012 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND APPEAL No. 163 of 2012
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STATE OF GUJARAT & 1 - Appellants
Versus
ATMADARSHAN CHARITABLE TRUST & 4 - Defendants
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Appearance :
ASSTT.GOVERNMENT PLEADER for the Appellants.
MR RUTUL P DESAI for Defendant Nos.1 - 4.
None for Defendant No.5.
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CORAM : HONOURABLE MR.JUSTICE M.R. SHAH
Date : 17/08/2012
ORAL ORDER
ADMIT. Following substantial questions of law arise for determination in the present second appeal:
(i) Whether in the facts and circumstances of the case, both the Courts below are justified in declaring that the order passed by the Collector, Bhavnagar dated 26/07/2003 produced at Exh.20 as illegal, arbitrary, nullity and without jurisdiction?
(ii) Whether both the Courts below have materially erred in declaring that the order passed by the Collector, Bhavnagar dated 26/07/2003 produced at Exh.20 is not binding to the plaintiff?
(iii) Whether Civil Court has jurisdiction to entertain the suit challenging the order passed by the Collector, Bhavnagar u/s.258 of the Gujarat Municipalities Act?
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(iv) Whether learned Civil Court has jurisdiction to consider the legality and validity of the order passed by the Collector, Bhavnagar produced at Exh.20 passed u/s.258 of the Gujarat Municipalities Act?"
Mr.Rutul Desai, learned advocate waives service of notice of admission on behalf of respondent Nos.1 to 4. Direct service is permitted so far as respondent No.5 is concerned.
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