Babubhai Mervanbhai Patel vs State Of Gujarat on 17 April, 2023

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Gujarat High Court

Babubhai Mervanbhai Patel vs State Of Gujarat on 17 April, 2023

Bench: Bhargav D. Karia

    C/SCA/17125/2022                                 ORDER DATED: 17/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 17125 of 2022
                                With
          CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023
          In R/SPECIAL CIVIL APPLICATION NO. 17125 of 2022
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                        BABUBHAI MERVANBHAI PATEL
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR SAURABH M PATEL(5019) for the Petitioner(s) No. 1
MS HETAL PATEL, AGP for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                              Date : 17/04/2023

ORAL ORDER IN CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2023

1. Heard learned advocate Mr.Saurabh M. Patel for the petitioner and learned Assistant Government Pleader Ms.Hetal Patel for the respondent-State.

2. This application is filed for directing the respondent Collector to decide an application for Non Agriculture permission filed by the petitioner for survey no.209/1/2 for residential purpose on 17.03.2023 during the pendency of the main petition.

3. Learned advocate Mr.Saurabh M. Patel for the applicant-original petitioner submitted that the purpose of the petitioner will be served if the Page 1 of 2 Downloaded on : Mon Apr 17 20:53:34 IST 2023 C/SCA/17125/2022 ORDER DATED: 17/04/2023 respondent no.2-Collector consider the application dated 17.03.2023 filed by the petitioner in accordance with law within a period of 90 days from the date of filing of the application and in such circumstances, he would not press the main petition.

4. Considering the above submissions, the respondent no.2- Collector is directed to consider the application dated 17.03.2023 filed by the petitioner for the permission of Non Agriculture purpose along with the relevant documents and affidavits stating that no litigation is pending with regard to the subject land in accordance with law within a period of 90 days from the date of receipt of such application.

5. In view of the above direction, the Special Civil Application no.17125 of 2022 would not survive and is accordingly disposed of as not pressed at this stage. Direct service is permitted.

(BHARGAV D. KARIA, J) URIL RANA Page 2 of 2 Downloaded on : Mon Apr 17 20:53:34 IST 2023

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