Gujarat High Court
Maheshbhai Hirabhai Arya vs State Of Gujarat & 3 on 22 July, 2014
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/8541/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 8541 of 2014
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MAHESHBHAI HIRABHAI ARYA....Petitioner(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR KEYUR A VYAS, ADVOCATE for the Petitioner(s) No. 1
MR.MANAN MEHTA, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 22/07/2014
ORAL ORDER
1. Heard Mr.Vyas, learned advocate for the petitioner.
2. In present petition, the petitioner has prayed inter alia that:-
"36(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing respondent-AUDA to consider the objections/representation given by the petitioner dated 24.03.2014 (at Annexure-Q hereto) and further be pleased to direct the respondent authorities to take appropriate action pursuant to the aforesaid representation;
3. The petitioner has come forward with present petition alleging, inter alia, that the Page 1 of 5 C/SCA/8541/2014 ORDER respondent no.4, who is owner of house no.68 in a Cooperative Housing Society viz. Swastik Cooperative Housing Society Limited, Kalol, has put up certain unauthorized construction and despite the request made by members of the society, the respondent no.4 has not removed the said unauthorized construction.
4. According to the petitioner, the unauthorized construction put up by one of the members of the society is causing harassment to the members of the society.
5. With such grievance, the petitioner has taken out present petition.
6. From the details mentioned in the petition and the submissions made by the learned advocate for the petitioner, it transpires that the dispute is between the members of the housing cooperative society.
Page 2 of 5 C/SCA/8541/2014 ORDER
7. In this view of the matter, when the dispute is between the members of the society and is private dispute, this Court is not inclined to exercise discretionary jurisdiction under Article 226 of the Constitution of India.
8. Besides this, from the material on record and from the submission by learned advocate for the petitioner, it has emerged that office of Collector has instructed concerned officers of the respondent no.2 to take necessary steps to examine the alleged illegal and unauthorized construction and if the construction is found unauthorized to remove the same.
9. Therefore, it appears that even otherwise action is initiated by the authority.
10. Moreover, it also appears that having regard to the complaints made by other members of the society and the action by the concerned Page 3 of 5 C/SCA/8541/2014 ORDER authority, the respondent no.4 has filed an application under the provisions of Gujarat Regularization and Unauthorized Construction Act, 2011, and the said application for regularization is pending before the competent authority.
11. In this view of the matter, when the dispute is civil dispute between the parties and when the application filed by the respondent no.4 under the Gujarat Regularization and Unauthorized Construction Act, 2011, is pending before the competent authority, this Court is not inclined to entertain present petition to exercise discretionary jurisdiction under Article 226 of the Constitution of the India.
12. Learned advocate for the petitioner submitted that petitioner or other members of the society has filed some objections against authority under the Gujarat Regularization and Unauthorized Construction Act, 2011. It goes without saying Page 4 of 5 C/SCA/8541/2014 ORDER that if any objections are filed before the competent authority, then while considering the application filed by the respondent no.4, the concerned authority will take into account the objections and pass appropriate orders in accordance with law.
For the foregoing reasons, present petition stands disposed of.
(K.M.THAKER, J.) Girish Page 5 of 5