Gujarat High Court
Indus Towers Limited vs State Of Gujarat on 19 April, 2023
C/SCA/6466/2023 ORDER DATED: 19/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6466 of 2023
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INDUS TOWERS LIMITED
Versus
STATE OF GUJARAT
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Appearance:
MR RAJABHAI J GOGDA(3628) for the Petitioner(s) No. 1
MS FORAM TRIVEDI, AGP for the Respondent(s) No. 1
MR DEEPAK P SANCHELA(2696) for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1,3
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 19/04/2023
ORAL ORDER
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has approached this Court for the following reliefs.
(A) Your Lordships may be pleased to admit and allow the present petition;
(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the Communication dated 13/02/2023 issued by the Respondent no. 2 (At Annxure-A);
(C) Your Lordships may be pleased to issue a writ of Prohibition or any other appropriate writ, order or direction restraining the Respondent no. 2 and 3, to not to initiate any coercive measure to disturb the possession or Occupation of the Page 1 of 3 Downloaded on : Fri Apr 21 20:40:39 IST 2023 C/SCA/6466/2023 ORDER DATED: 19/04/2023 Petitioner in the demised premises pursuant to the Order/Communication dated 13/02/2023 issued by the Respondent no. 2 (At Annexure-A);
(D) Pending the admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay the operation, execution and implementation of the Communication/Order dated 13/02/2023 issued by the Respondent no. 2 (At Annexure-A), and also further be pleased to restrain the respondent authorities to not to disturb or interfere with the possession and occupation of the Petitioner in the demised premises till final adjudication of the present petition;
(E) Ex-parte ad-interim relief in terms of prayer (D) may kindly be granted.
2. What is challenged in this petition is essentially notice dated 13th February, 2023, whereby Tower installed by the petitioner company is sought to be evicted. However, learned advocate Mr.Vikas Nair for the petitioner, at the outset, submitted that if reasonable time is given, in that event, petitioner would shift the Tower from the place in question. Mr.Nair has also filed undertaking to that effect which is taken on record.
3. Learned advocate Mr.Sanchela has no objection to the same. However, he requested for lesser time.
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4. Considering the aforesaid, request made by learned advocate for the petitioner appears to be reasonable, coupled with the fact that undertaking has already been filed, it would be in the interest of justice if reasonable time of three months is granted.
5. Accordingly, time of three months is granted. The petitioner is hereby directed to shift his Tower from the place in question within the stipulated time as above without fail.
6. Because of the proceedings going on, Madhya Gujarat Vij Company Limited (MGVCL) has taken over the electric meter of the petitioner. The petitioner may apply for the meter before MGVCL and it is hoped that Anand-Vallabha Vidhyanagar-Karamsad Urban Development Authority (AVKUDA) will cooperate so as to enable the petitioner to bring the meter back for temporary use of the Tower.
7. Needless to state that in any case, further time will not be granted to the petitioner for shifting of the Tower.
8. Petition is disposed of accordingly. Notice is discharged to the said extent.
Direct service is permitted.
(NIRAL R. MEHTA,J) ANUP Page 3 of 3 Downloaded on : Fri Apr 21 20:40:39 IST 2023