Prakashchandra Ramlal Solanki vs State Of Gujarat on 3 December, 2018

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Gujarat High Court

Prakashchandra Ramlal Solanki vs State Of Gujarat on 3 December, 2018

Bench: A.J.Desai

         C/SCA/18281/2018                                            ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 18281 of 2018

==========================================================
                   PRAKASHCHANDRA RAMLAL SOLANKI
                              Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR BHAVNA ACHARYA, LD.ADVOCATE FOR MS. KRUTI M SHAH(2428)
for the PETITIONER(s) No. 1
MR RAKESH PATEL, LD.AGP FOR THE RESPONDENT- STATE.
 for the RESPONDENT(s) No. 1,2,3,4,5,6,7
==========================================================
 CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                              Date : 03/12/2018

                                  ORAL ORDER

1. By way of the present petition under Articles 14 , 19 , 21 and 226 of the Constitution of India, the petitioner has prayed as under:

"19(A) Admit and allow this petition.

       (B)    issue appropriate writ, order or direction
              to     the    respondent            Nos.1,        3    and     4    to
              immediately           remove           the        illegal          and

unauthorized construction put up on common open plot of Jalaram Nagar Co.Op. Housing Society Ltd. by the respondent nos.5 and 6.

(C) issue appropriate writ, order or direction to the respondent no.2 to take action against the respondent no.5 and 6 for carrying out illegal educational activities.

Page 1 of 3 C/SCA/18281/2018 ORDER

(D) Grant adinterim relief in terms of (b) and

(c) above.

(e) Grant such other and further relief as thought fit in the interest of justice."

2. Ms.Bhavna Acharya, learned advocate appearing for Ms.Kruti Shah, learned advocate appearing for the petitioner has brought to the notice of this court that earlier order passed by coordinate bench of this Court in Special Civil Application No.18508 of 2017, by which, the petitioner was asked to submit representation and respondent-corporation was directed to decide the said representation in expeditious manner. Though such representation is made, no action has been taken by the respondent-corporation till date.

3. Having heard learned advocate appearing for the petitioner and considering the order passed by coordinate bench of this Court in Special Civil Application No.18508 of 2017, in my opinion, following order would meet the ends of justice.

"Respondentcorporation is hereby directed to consider the representation made by the petitioner as early as possible and preferably within a period of eight weeks from today, after giving an opportunity of hearing to the petitioner, in accordance with law."

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With the above observation, this petition is disposed of. Direct service is permitted.

[A.J.DESAI,J.] *dipti Page 3 of 3

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