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SCA/5800/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5800 of 2010
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BHIKHUBHAI
POPATBHAI PATEL & 3 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY TO THE GOVT. OF GUJARAT & 5 -
Respondent(s)
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Appearance :
MR
BM MANGUKIYA for Petitioner(s) : 1 - 4.MS BELA A PRAJAPATI for
Petitioner(s) : 1 - 4.
GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 5.
MR HS MUNSHAW
for Respondent(s) : 2,
HL PATEL ADVOCATES for Respondent(s) : 3 -
5.
None for Respondent(s) :
6,
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CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 31/05/2010
ORAL ORDER
1. RULE
returnable on 23.07.2010.
Learned counsel Mr.Asim Pandya waives service for respondent nos.3, 4
and 5 and Ms.Monali Bhatt, learned AGP waives service for respondent
No.1. Mr.Munshaw learned counsel appears for respondent No.2 and
waives service. Direct Service for respondent No.6.
2. Learned
counsel Mr.Mangukiya appearing for the petitioners submitted that
petitioner No.4 shall unconditionally hand over possession of final
plot no.192 today in compliance with order dated 24.07.2009 of
Division Bench of this Court in Special Civil Application No.5388 of
2009.
3. As
against that it was stated on behalf of respondent No.3 by learned
counsel Mr.Asim Pandya that either the parties concerned will work
out some working arrangement for setting time limits for giving
vacant possession of final plot nos.35 and 43 to the persons entitled
thereto and for petitioner No.3 to hand over that part of final plot
nos.186 and 187 which may be in his possession or under his control.
However subject to such arrangement being amicably worked out, but
even if no arrangement could be worked out, respondent Nos.3, 4 and 5
shall see to it that final plot nos.35 and 43 are vacated and kept
ready within period of three months for handing over possession to
the persons entitled thereto, so as to facilitate the parties in
handing over and exchanging possession of the final plots in
question. It was however also submitted that, since the aforesaid
respondents are not presently in physical possession of final plot
nos.35 and 43, respondent concern shall take appropriate action
immediately and try to meet the outer time limit of three months,
subject to any judicial intervention in the form of injunction. It
was hoped and assured by learned counsel on both sides that, without
prejudice to the rights and contentions of the parties, the
arrangement will be worked out for exchanging possession of aforesaid
final plot nos.35-43 and 186-187 of T.P. Scheme No.1.
(D.H.WAGHELA,
J.)
Amit/-
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