Gujarat High Court
Wind World India Ltd vs Shree Tebhada Gram Panchayat on 28 February, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
C/SCA/3616/2023 ORDER DATED: 28/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3616 of 2023
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WIND WORLD INDIA LTD.
Versus
SHREE TEBHADA GRAM PANCHAYAT
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Appearance:
MR. MIHIR THAKORE, SENIOR ADVOCATE with MR DIPEN DESAI(2481)
for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 28/02/2023
ORAL ORDER
1. By way of this petition, the petitioner has challenged the orders dated 27.10.2022 and 15.02.2023 passed by the Shree Tebhada Gram Panchayat.
2. Learned Senior Advocate Mr. Mihir Thakore appearing for learned advocate Mr. Dipen Desai for the petitioner pointed out that the order dated 15.02.2023 was actually dispatched on 23.02.2023 and the petitioner received the same on 25.02.2023.
3. In the meantime, the respondent Shree Tebhada Gram Page 1 of 4 Downloaded on : Wed Mar 01 20:46:00 IST 2023 C/SCA/3616/2023 ORDER DATED: 28/02/2023 Panchayat has already demolished two electric poles treating it as an encroachment as per the impugned orders and therefore, considering this extraordinary urgency and highhandedness on the part of the Gram Panchayat, this petition be entertained, though, there is alternative remedy of preferring an appeal is available to the petitioner.
4. Learned advocate Mr. Hriday Buch appearing for the respondent - Gram Panchayat, upon instructions submitted that this Court may not entertain this petition and relegate the petitioner to avail the alternative remedy of preferring an appeal before the appropriate Authority.
5. Upon instructions, he made a statement that the Gram Panchayat shall not take any further coercive action and status quo prevailing as on today in respect of any alleged encroachment shall be maintained by the Gram Panchayat till the appeal period is over i.e. 27.03.2023 and if the petitioner prefers an appeal within that appeal period till that application for stay preferred by the petitioner is decided. Page 2 of 4 Downloaded on : Wed Mar 01 20:46:00 IST 2023 C/SCA/3616/2023 ORDER DATED: 28/02/2023
6. In view of the aforesaid statement, learned Senior Advocate Mr. Mihir Thakore, upon instructions from the petitioner seeks permission to withdraw the present petition with a view to avail alternative remedy of preferring an appeal before the appropriate authority challenging the impugned orders.
7. It is clarified that this Court has not gone into the merits of the matter and all the rights and contentions of all the parties are kept open.
8. If an appeal is preferred, the appropriate authority is directed to decide the application for stay by recording the contentions of both the parties and to pass a detailed reasoned order.
9. Learned advocate Mr. Dipen Desai for the petitioner undertakes that whichever documents which they are relying upon are in English language shall be translated in Gujarati language and copy of the same would be provided to the respondent - Gram Panchayat before hearing takes place.
10. The authority is directed to hearing of the stay Page 3 of 4 Downloaded on : Wed Mar 01 20:46:00 IST 2023 C/SCA/3616/2023 ORDER DATED: 28/02/2023 application be conducted within a period of four weeks from the date of filing of the application and the order be passed within a period of two weeks thereafter.
11. The present petition is disposed of as withdrawn.
(NIRZAR S. DESAI,J) VARSHA DESAI Page 4 of 4 Downloaded on : Wed Mar 01 20:46:00 IST 2023