Gujarat High Court
Bhagwanjibhai Bhagabhai Devrajbhai vs Special Secretary on 2 July, 2018
Author: C.L. Soni
Bench: C.L. Soni
C/SCA/7913/2018 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION NO. 1 of 2018
IN
R/SPECIAL CIVIL APPLICATION NO. 7913 of 2018
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BHAGWANJIBHAI BHAGABHAI DEVRAJBHAI Versus SPECIAL SECRETARY ============================================= Appearance:
MR MURALIN DEVNANI for the PETITIONER(s) No. MR GM AMIN for the RESPONDENT(s) No. NOTICE SERVED BY DS for the RESPONDENT(s) No. ============================================= CORAM: HONOURABLE MR.JUSTICE C.L. SONI Date : 02/07/2018 IA ORDER
1. Following are the prayers made in para 3 of the present application:-
"(a) That this Hon'ble Court may be pleased to admit this Civil Application.
(b) This Hon'ble Court may be pleased to allow this Civil Application by issuing the direction upon the local police authorities not to disturb the possession of the applicants which they are holding since last more than 50 years.
(c) Be pleased to direct the respondent No.3 to see that the agricultural activities which are to be carried out by the applicants immediately as the monson is likely to arrive in near future are not hampered because of wrong indulgence by local police authorities.
(d) Be pleased to direct resp. no.3 to see that the land in question does not remain uncultivated during the pendency of this petition.
(e) ....."
2. The main petition, wherein this application is made, is undisputably the entry proceeding and therefore, when the Court expressed its prima facie view to learned advocate Mr. Devnani for the applicants that the prayers made in the present application Page 1 of 2 Downloaded on : Thu Aug 01 01:18:41 IST 2019 C/SCA/7913/2018 IA ORDER could not be considered in view of the nature of the proceeding in the main petition, Mr. Devnani requests to permit the applicants to withdraw the application with a view to file substantive proceeding.
3. In view of the above, the application stands disposed of as withdrawn with liberty to the applicants to file substantive proceeding(s) for the grievances made in the present application.
(C.L. SONI, J) OMKAR Page 2 of 2 Downloaded on : Thu Aug 01 01:18:41 IST 2019