Gujarat High Court
Nayak Dilipkumar Hiralal & vs Idar Nagar Palika & on 16 September, 2013
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
NAYAK DILIPKUMAR HIRALALV/SIDAR NAGAR PALIKA C/MCA/1705/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION (FOR REVIEW) NO. 1705 of 2013 In LETTERS PATENT APPEAL NO. 635 of 2012 In SPECIAL CIVIL APPLICATION NO. 8312 of 2009 ================================================================ NAYAK DILIPKUMAR HIRALAL & 11....Applicant(s) Versus IDAR NAGAR PALIKA & 2....Opponent(s) ================================================================ Appearance: MR. TIRTHRAJ PANDYA, ADVOCATE for the Applicant(s) No. 1 - 12 MR PARTH BHATT AGP for the Opponent(s) No. 3 MS SRUSHTI A THULA, ADVOCATE for the Opponent(s) No. 1 ================================================================ CORAM: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 16/09/2013 ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) This is an application for review of our order dated 22nd April 2013 by which we allowed the appeal by setting aside an order dated 8th February 2012 passed by a learned Single Judge in Special Civil Application No.8312 of 2009 by which the learned Single Judge rejected the writ-application and confirmed the order passed by the Deputy Secretary, Urban Development and Urban Housing Department, Government of Gujarat, Gandhinagar.
2. While allowing the appeal, we passed the following directions :-
11. In the circumstances, this appeal succeeds and is hereby allowed. The judgment and order passed by the learned Single Judge dated 8th February 2012 is hereby set aside. The appellant herein is directed to issue a public notice fixing the date of public auction of the 57 shops in the complex, which are yet to be occupied, and in the said auction, it shall be open for the private respondents herein to participate and place their bids. Such exercise shall be undertaken by the appellant within a period of four weeks from today. We also direct that the auction of the 57 shops shall be held under the strict supervision and surveillance of the Collector, Sabarkantha.
In the facts and circumstances of the case, there shall be no order as to costs.
3. Being dissatisfied, the present applicants for review moved a Special Leave Application before the Supreme Court of India being Special Leave to Appeal (Civil) No.18540 of 2013 but the Supreme Court summarily dismissed the said application on 20th May 2013. Subsequently, the applicants have filed the present application on 11th July 2013.
4. We are told that pursuant to our order fresh auction was conducted in which the applicants participated but were unsuccessful and even pursuant to such re-auction allotment has been given to the successful bidders. The learned advocate appearing on behalf of the applicants in support of this application tried to re-argue the matter which is not permissible under the law. After approaching the Supreme Court and being unsuccessful, the applicants have also participated in the process of auction and thereafter, have filed this application beyond the period of limitation without filing an application for condonation of delay.
5. Such being the position, we do not find any reason to entertain this application. The application is, thus, dismissed.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) zgs Page 3 of 3