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SCA/9468/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9468 of 2010
=========================================
JAGDISHCHANDRA
JEKISANDAS RANA & 3 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 7 - Respondent(s)
=========================================
Appearance :
MR
AJ SHASTRI for
Petitioner(s) : 1 - 4.
MR PRANAV DAVE, AGP for Respondent(s) : 1 -
2
None for Respondent(s) : 3 -
8.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/08/2010
ORAL
ORDER
It
is not in dispute that against the impugned order passed by the
Collector, Valsad dated 29/07/2010 petitioners can prefer an appeal
before the Director of Municipality under Section 258(3) of the
Gujarat Municipalities Act being aggrieved and affected parties, and,
therefore, Shri Shastri, learned advocate appearing on behalf of the
petitioners seeks permission to withdraw the present petition.
However, he has submitted that the petitioners are also required to
challenge the subsequent Resolutions dated 19/07/2010 and 30/07/2010.
However, as the Collector has already considered and taken note of
the aforesaid two Resolutions petitioners cannot approach the
Collector under Section 258 of the Gujarat Municipalities Act
challenging the aforesaid two Resolutions. If that is so, it will
be open for the petitioners to challenge the aforesaid two
Resolutions before the Director of Municipality, which shall be
considered in accordance with law on its own merits as once the
Collector has already considered and dealt with the aforesaid two
Resolutions, it will be an exercise in futility if the petitioners
are to prefer an appeal under Section 258 of the Gujarat
Municipalities Act before the Collector as he has already dealt with
and considered the aforesaid Resolutions. Shri Shastri, learned
advocate appearing on behalf of the petitioners has submitted that
the petitioners shall prefer an appeal before the Director of
Municipality on or before 18/08/2010 alongwith the stay application.
As and when such an application is preferred, the same shall be
considered in accordance with law on its own merits, without, in any
way, being influenced by the withdrawal of the present petition. The
Director of Municipality may consider the stay application preferred
by the petitioners at the earliest but not later than three weeks
from the date of receipt of the present order and shall hear, decide
and disposed of the appeal within a period of three months from the
date of receipt of the present order.
With
this, the present petition is disposed of.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
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