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SCA/1960/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1960 of 2009
======================================
ANJUMAN-E-BADRI
(DAWOODI VOHRA) JAMAT,
VOHRA
PANCH SAMAJ
Versus
STATE
OF GUJARAT & OTHERS
======================================
Appearance :
Mr
ND Nanavati, Senior Advocate, assisted by Mr MA Kharadi for the
Petitioner
Ms Monali Bhatt, Assistant
Government Pleader for Respondent
No.1
NOTICE SERVED BY DS for Respondent(s) : 1 - 4.
Mr Sunil S
Joshi for Respondents : 2 to 4
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CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 09/03/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the parties. Having considered the rival
submissions, we are of the considered opinion that it is an
obligation cast upon the public authority to provide for land for
last rites. The petitioner has so far been contending that the land
acquired by the municipality which was originally donated for the
purpose of Kabrastan may be regranted to the petitioner. The
learned counsel for the appellant does not insist their claim for
regrant of the land and request for allotting some
land where the last rites of dead can be performed.
Mr
Sunil Joshi, learned counsel for the Municipality submitted that the
Municipality will objectively consider the application made by the
petitioner to it. In view of the agreed submissions, we consider it
proper to adjourn the present petition for a period of six weeks so
as to enable the Municipality to consider the application which is
likely to be filed by the petitioner within a period of one week from
today and dispose of the same within the stipulated period of six
weeks.
Put
up on 20th April 2010.
(Bhagwati
Prasad, J.)
(J.C.
Upadhyaya, J.)
*mohd
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