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SCA/5807/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5807 of 2011
=======================================================
BHIL
SEDHABHAI MANSUNGBHAI
-
PLOT NO.53 & 21 - Petitioner(s)
Versus
COLLECTOR
- BANASKANTHA & 2 - Respondent(s)
=======================================================
Appearance :
MR
VC VAGHELA for Petitioner(s) : 1 - 22.
MR PRANAV DAVE AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 02/05/2011
ORAL
ORDER
The
present petition has been filed by the petitioners under Article 14,
19 and 226 of the Constitution
of India as well as under the provisions of the
Gujarat Panchayat Act, 1993 for the prayer inter alia that the
respondent no.3 may be directed to grant permission for construction
of the houses granted by the respondent no.2.
Learned
counsel, Mr.Vaghela stated that Sarpanch has issued letter dated
25.03.2011 in his personal capacity. However, as it transpires from
Annexures produced by the petitioners along with the petition, there
is some dispute with regard to the measurement for which D.I.L.R. is
also required to take into consideration the exact measurement. In
fact, the permission is granted for the construction, however, but
for some reasons like measurement or whether one is having right to
such allotment is required to be considered for which Collector has
issued letter dated 24.12.2010 (Annexure-G).
Therefore,
in the circumstances, it cannot be said that there is any malafide
as sought to be canvassed. The present petition is, therefore,
premature and the discretion cannot be exercised.
Accordingly,
the present petition is dismissed in limine.
(RAJESH
H.SHUKLA, J.)
/patil
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