Gujarat High Court
Pravin Prakash Sukharamji Chaudhary & 2 vs State Of Gujarat & 2 on 23 June, 2014
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/7232/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 7232 of 2013
With
SPECIAL CIVIL APPLICATION NO. 8489 of 2013
With
SPECIAL CIVIL APPLICATION NO. 8490 of 2013
With
SPECIAL CIVIL APPLICATION NO. 15767 of 2013
With
SPECIAL CIVIL APPLICATION NO. 13066 of 2013
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PRAVIN PRAKASH SUKHARAMJI CHAUDHARY & 20....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR P P MAJMUDAR, ADVOCATE for Petitioner(s) No. 1 - 7 , 9 - 18 , 20 - 21
MR SP MAJMUDAR, ADVOCATE for Petitioner(s) No. 1 - 21
MR PRASHANT DESAI, SR. COUNSEL, WITH MR DHAVAL G NANAVATI,
ADVOCATE for Respondent(s) No. 2
MR ROHAN YAGNIK AGP for the Respondent(s) No.1 (SCA Nos.7232, 8489,
8490 and 15767 of 2013)
MR RAKESH PATEL AGP for the Respondent(s) No. (SCA No.13066/2013)
NOTICE SERVED BY DS for the Respondent(s) No. 1 , 3
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 23/06/2014
ORAL ORDER
Heard Mr. Majmudar, learned advocate for the petitioners, Mr. Prashant Desai, learned Senior Counsel, with Mr. Nanavati, learned advocate for the respondent No.2, and Mr. Yagnik, learned AGP for the respondent No.1 - State.
2. In view of the submissions made by Mr. Majmudar, Page 1 C/SCA/7232/2013 ORDER learned advocate for the petitioners, in light of the judgment reported in Babubhai and Co, M/s. Vs. State of Gujarat [1985 (2) GLR 883] and the response to the said submissions by Mr. Desai, learned Senior Counsel, it is not necessary to address the grievance of the petitioners and/or to enter into the issues involved and disputes raised in these petitions, and instead, the petitions can be disposed of, at this stage, in view of the said decision in case of Babubhai and Co, M/s. Vs. State of Gujarat [1985 (2) GLR 883].
3. Mr. Majmudar, learned advocate for the petitioners, submitted that since the petitioners have taken out present petitions at show cause notice stage, i.e. the stage when the respondent Corporation has issued show-cause notice, the petitioners submit that if the respondent Corporation afford opportunity of hearing to the petitioners and pass appropriate order after hearing the petitioners and until then, eviction may not be enforced, then, the petitioners would not press the petitions, at this stage, instead they will appear before the competent authority and avail the opportunity of hearing.
4. Mr. Desai, learned Senior Counsel for the respondent Corporation, submitted that the Dy. Town Planner is present Page 2 C/SCA/7232/2013 ORDER in the Court and his stipulation, viz. that the competent authority will afford opportunity of hearing to the petitioners, may be considered as notice to the petitioners. Mr. Desai, learned Senior Counsel, further submitted, in view of the submission made by learned advocate for the petitioners, if the petitioners appear before the competent authority between 3:00 p.m. to 5:30 p.m. during 14.7.2014 to 18.7.2014, then, opportunity of hearing will be granted to the petitioners and appropriate order will be passed by the competent authority after taking into account their submissions at the time of hearing.
5. In view of the said stipulation by the Dy. Town Planner and submission by learned Senior Counsel for the respondent Corporation, Mr. Majmudar, learned advocate for the petitioners, submitted that the petitions may be disposed of, at this stage, as not pressed in light of the said assurance.
6. In view of the said submission, it is clarified that the statement made by Dy. Town Planner will be considered as notice issued for the purpose of provisions under the Act and petitioners will not insist for any separate notice in writing and any contention on the ground that notice is not issued will Page 3 C/SCA/7232/2013 ORDER not be taken in any manner in any proceedings.
It is clarified that it will be open to the petitioners to take all the contentions, as may be available in law, including the contentions raised in present petitions, before the competent authority and after considering such contentions, the competent authority will pass necessary and appropriate order.
It is also stipulated by Mr. Desai, learned Senior Counsel, under instructions of Mr. Nanavati and Dy. Town Planner, that until appropriate is passed and conveyed to the petitioners, eviction will not be enforced.
In view of the said submissions, present petitions are disposed of. Notice discharged. Ad-interim/interim relief, if any, granted earlier, stands vacated forthwith.
Directed service is permitted.
(K.M.THAKER, J.) kdc Page 4