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SCA/6259/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6259 of 2008
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GATORBHAI
PRABHUBHAI PATEL
Versus
STATE
OF GUJARAT & others
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Appearance :
MR
RAJESH K SAVJANI for Petitioner
Mr.
Vipul Mistry, Assistant Government Pleader, for respondents No.1
MR
MINESH C DAVE for Respondent Nos. 5 to
7
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 16/09/2008
ORAL
ORDER
1 In
this petition under Article 226 of the Constitution of India, the
petitioner has prayed for the following relief:
?S[A] Hon’ble
Court be pleased to issue a Writ of Mandamus or any other appropriate
writ, order or direction in the nature of mandamus declaring the
action of Collector, Surendranagar, as illegal, arbitrary,
discriminatory and contrary to the facts and be further pleased to
quash and set aside orders at Annexure ?SE?? granting quarry lease
in favour of respondent Nos. 5 to 7 by declaring the same as illegal
as the same is based on false report Annexure ?SG?? to this
petition submitted by Mamlatdar, Limdi.
[B] Hon’ble
Court be pleased to issue a Writ of Mandamus or any other appropriate
writ, order or direction in the nature of mandamus directing the
respondent No.1 to decide Appeal No.462 of 2006 Annexure ?SD?? to
this Special Civil Application as early as possible by directing the
respondent Nos. 5 to 7 not to enter in the land in question for the
purpose of quarry lease till the respondent No.1 decide the
proceedings Annexure ?SD??.
2 Learned
counsel for the petitioner does not press prayer {A} in view of
pendency of appeal before the Appellate Authority and requests that
the Appellate Authority may be directed to decide Appeal No.406 of
2006 within reasonable time limit.
3 Heard
learned Assistant Government Pleader.
4 Considering
the facts and circumstances of the case, the Appellate Authority is
directed to decide Appeal No.406 of 2006 and pass an order in
accordance with law within six weeks from today.
5 With
the above direction, this petition stands disposed of. Notice is
discharged with no order as to costs. D.S permitted.
(ANANT
S. DAVE, J.)
(swamy)
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