Gujarat High Court
Bhikhiben vs State on 6 August, 2010
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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SCA/7587/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7587 of 2010
With
CIVIL
APPLICATION No. 8837 of 2010
In
SPECIAL CIVIL APPLICATION No. 7587 of 2010
=========================================
BHIKHIBEN
AMARATBHAI DESAI SARPANCH OF DAMA VILLAGE & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=========================================
Appearance
:
MR KEYUR A
VYAS for
Petitioner(s) : 1 - 2.
MR NEERAJ SONI, ASSTT. GOVERNMENT PLEADER
for Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/08/2010
ORAL
ORDER
1. By way of this petition under Article 226 of the Constitution of India, petitioners herein, village people of Dama Gram Panchayat i.e. more particularly, Sarpanch and Deputy Sarpanch of the Dama Gram Panchayat have prayed for appropriate writ, direction or order quashing and setting aside the impugned orders passed by respondent No.2 dated 8-9/06/2010 allotting lands to the respective persons from the gaucher land.
2. In response to the notice issued by this Court, an affidavit-in-reply is filed on behalf of respondents affirmed by Collector, Banaskantha pointing out that the earlier order dated 08-09/06/2010 of allotment of allotment of gaucher land has been reconsidered by the Collector and a fresh order has been passed on 04/08/2010 cancelling the earlier allotment /withdrawing the earlier orders dated 08-09/06/2010. In view of the communication/order dated 04/08/2010, Shri Keyur Vyas, learned advocate appearing on behalf of the petitioners seeks permission to withdraw the present petition, as no grievance survives in the present petition. Accordingly, present petition is dismissed as withdrawn in view of the subsequent development. Notice is discharged.
CIVIL APPILCATION NO.8837/2010 In view of the withdrawal of the main Special Civil Application, no order in Civil Application. However, if the said applicants are aggrieved by the order dated 04/08/2010 passed by the Collector, Banaskantha and/or if they have any other grievance with respect to allotment of the plot/land, as Sipu Irrigation affected persons, it will be open for them to initiate appropriate proceedings.
(M.R. Shah, J.) *menon Top