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LPA/2127/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2127 of 2010
In
CIVIL
APPLICATION - FOR DIRECTION No. 5205 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3284 of 2010
=================================================
PRATAPSINH
KHUMANSINH ZALA - Appellant(s)
Versus
VINOD
N ASWANI PARTNER OF OM INDUSTRIES & 3 - Respondent(s)
=================================================
Appearance :
MR
MP SHAH for Appellant(s) : 1,
MS.
KRUTI M SHAH for Appellant(s) : 1,
MS LILU K BHAYA for
Respondent(s) : 1,
MR MB GANDHI for Respondent(s) : 2,
MR
CHINMAY M GANDHI for Respondent(s) : 2,
NOTICE SERVED BY DS for
Respondent(s) : 3 -
4.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/10/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
is a frivolous appeal preferred by the appellant original
respondent No. 3 which will be evident from the impugned order dated
25.6.2010 passed by the learned Single Judge in Civil Application No.
5205 of 2010, which reads as follows :-
1. The
present application is filed seeking direction against respondent
Nos.1 and 2 to restore the status quo ante of the land and the access
thereto leading to the gate of the house of the applicant and to
restrain respondent Nos.1 and 2, their servants, contractors, agents,
etc. from carrying on any further construction of roads, ect. and
remove the material placed outside the house of the applicant.
2. So far as
construction of road is concerned, the request is found to be
misplaced. However, so far as closure of gate opened by owner of
plot No.99 towards plot No.101 to an addition to an opening on the
approach road is concerned, learned AGP Mr.Patel, on instructions
from the Resident Deputy Collector, states that the opening is
closed. Learned AGP has produced a xerox copy of Rojkam along
with photographs showing that the entry
of plot No.99 towards plot No.101 is closed by constructing a wall.
3. That being
so, the present application deserves to be disposed of and it is
accordingly disposed of.
2. From
the aforesaid order, it will be evident that the application as
preferred by respondent No. 1 writ petitioner, so far as it
relation to construction of the road is concerned, was not accepted
by the learned Single Judge. With respect to the closure of the gate,
in view of the action taken by the State authorities, the learned
Single Judge did not choose to pass any order. Inspite of the fact
that no order has been passed by the learned Single Judge against the
appellant or any of the respondents by the impugned order dated
25.6.2010, still the appeal has been preferred by the appellant
original respondent No. 3.
3. For
the said reasons, while we dismiss the appeal, impose costs of
Rs.20,000/- (Rupees twenty thousand only) to be paid by the appellant
original respondent No. 3 in favour of the Gujarat State Legal
Services Authority, Gujarat High Court Campus, Ahmedabad. If the
amount is not paid within six weeks, the Member Secretary of the
Gujarat State Legal Services Authority may recover the amount as
arrears of land revenue.
4. This
Letters Patent Appeal stands disposed of with the aforesaid
observations and direction.
Let
a copy of this order be handed over to the Member Secretary, Gujarat
State Legal Services Authority, Gujarat High Court Campus, Ahmedabad.
[S.J.
MUKHOPADHAYA, CJ.]
[ANANT
S. DAVE, J.]
sundar/-
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