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MCA/638/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 638 of 2010
In
SPECIAL
CIVIL APPLICATION No. 1211 of 2010
=========================================
DISTRICT
DEVELOPMENT OFFICER - Applicant(s)
Versus
SHABBIRHUSSAIN
HAYATMIYA CHAUHAN & 5 - Opponent(s)
=========================================
Appearance :
MR
PINAKIN M RAVAL for
Applicant(s) : 1,
MR DILIP B RANA for Opponent(s) : 1,
GOVERNMENT
PLEADER for Opponent(s) : 2,
None for Opponent(s) : 3 -
6.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/03/2010
ORAL
ORDER
When
it was brought to the notice of Shri Raval, learned advocate
appearing on behalf of the applicant that the allegation made in the
complaint was not only with respect to cutting of trees, as alleged,
but was also with respect to misappropriation of fund on selling wood
after cutting the trees and in fact that was required to be inquired
by the District Development Officer and so far as that inquiry is
concerned, it does not fall within the Saurashtra Felling of Trees
Act, and, therefore, there is non application of mind on the part of
the District Development Officer and that the District Development
Officer has not held necessary inquiry on misinterpretation of the
order passed by this Court, Shri Raval, learned advocate appearing on
behalf of the applicant has submitted that in fact he himself has
personally drawn the attention of the concerned District Development
Officer that both the inquiries are different and so far as the
allegation with respect to misappropriation of fund by cutting the
trees and selling the wood is different, for which inquiry is to be
conducted, still the District Development Officer has conveyed to him
to file the present application for clarification.
In
view of the above, stand over to 26/03/2010.
To
be placed in the first board.
Shri
Raval, learned advocate appearing on behalf of the applicant to give
copy of this order to the concerned District Development Officer.
(M.R.
SHAH, J.)
siji
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