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SCA/6272/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6272 of 2010
=========================================================
PRAVESHBHAI
RASIKLAL SHAH - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MS
AMRITA AJMERA for
Petitioner(s) : 1,
MR RASHES RINDANI, Assistant Government Pleader
for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 14/06/2010
ORAL ORDER
The petitioner has filed
this petition under Article-226 of the Constitution of India praying
for quashing and setting aside the order dated 10.9.2007 passed by
the respondent No.3 in respect of instrument registration No.3787
dated 16.11.1998. The petitioner has also prayed for the direction
to respondent No.3 to send the necessary papers to the respondent
No.2 authority forthwith and till disposal of the same by the
respondent No.2 the said order of the respondent No.3 dated
10.9.2007 be kept in abeyance.
Heard Ms. Amrita Ajmera,
learned advocate appearing for the petitioner and Mr.Rashes Rindani,
learned Assistant Government Pleader appearing for the respondent on
an advance copy being served to the Government Pleader’s Office.
The impugned order is
passed by the Dy. Collector on 10.9.2007. The petitioner has got
alternative remedy to challenge the said order before the Chief
Controlling Revenue Authority. Till this date the petitioner has
not availed that alternative remedy. On the contrary, direction
sought for to the respondent No.3 to send the necessary papers to
the respondent No.2 authority. Such a prayer is quite unusual. If
the petitioner has any grievance against the order the petitioner
should have taken appropriate action in the matter. Be that as it
may. Since the petition is not entertained it is open for the
petitioner to file Appeal challenging the order dated 10.9.2007
alongwith delay condonation application. Such an Appeal and/or delay
condonation application shall be decided by the Chief Controlling
Revenue Authority in accordance with law.
With this direction and
observation this petition is accordingly disposed off.
(K. A. PUJ, J.)
kks
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