Gujarat High Court
Bochasanwasi Shri Akshar Purushottam ... vs Bhavnagar Municipal Corporation & 3 on 1 April, 2014
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/1775/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1775 of 2014
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BOCHASANWASI SHRI AKSHAR PURUSHOTTAM GAUSHALA TRUST &
1....Petitioners
Versus
BHAVNAGAR MUNICIPAL CORPORATION & 3....Respondents
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Appearance:
MR S.N.SHELAT, LD.SENIOR COUNSEL WITH MRS VD NANAVATI, LD.
ADVOCATE for the Petitioners.
MS MANISHA LAVKUMAR, ADVOCATE for the Respondent No. 2
MR RAKESH PATEL, LD.A.G.P. for respondent No.4.
NOTICE SERVED BY DS for the Respondent Nos.1 , 3 - 4
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 01/04/2014
ORAL ORDER
1. Mr.S.N.Shelat, learned Senior Counsel appearing with Mrs.V.D.Nanavati, learned advocate appearing for the petitioners, states that during the pendency of the present petition, an application u/s.80 of the Gujarat Provincial Municipal Corporation Act,1949 has been submitted to the Collector for deciding ownership of the disputed property. He submits that since the petitioners themselves have filed an application u/s.80 of the Gujarat Provincial Municipal Corporation Act,1949, the Collector may be directed to decide the application as expeditiously as possible.
2. On the other hand, Ms.Manisha Lavkumar, learned Page 1 of 3 C/SCA/1775/2014 ORDER advocate for the respondent No.2 has submitted that the petitioners have filed a Civil Suit, which was withdrawn by the petitioners themselves and during the pendency of the present petition, such application could not be accepted. At the time of filing of the present petition i.e. on 27/01/2014, the petitioners made following prayers :
"14 (A) YOUR LORDSHIP may be pleased to admit and allow the present petition;
(B) That your Lordship be pleased to issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent Corporation to get the dispute raised by the Corporation resolved by the Respondent No.4 Collector under section 80 of the Gujarat Provincial Municipal Corporation Act,1949.
(C) Pending, hearing, admission and/or final disposal of this Special Civil Application Your Lordship be pleased to restrain the respondent from interfering in the use of the land for the purpose of Gochar when as on today there is no water collected on the said land.
(D) Any other and further relief that may be deemed fit and proper may please be granted in the interest of justice."
3. It was prayed to issue appropriate writ, order or direction, directing the respondent Corporation to get the Page 2 of 3 C/SCA/1775/2014 ORDER dispute raised by the Corporation, resolved by the Collector u/s.80 of the Gujarat Provincial Municipal Corporation Act. When the petitioners themselves have submitted an application on 29/01/2014, request made by the petitioners is reasonable and, therefore, following order is passed:
"District Collector, Bhavnagar is hereby directed to decide the application dated 29/01/2014 preferred by the petitioners as early as possible and preferably within a period of six months from today, after giving an opportunity of hearing to all the concerned, in accordance with law."
4. In view of the above observations, Mr.S.N.Shelat, learned Senior Counsel appearing for the petitioners does not press this petition. Hence, the present petition is disposed of as not pressed. Notice is discharged.
Direct service is permitted.
[A.J.DESAI,J.] *dipti Page 3 of 3