Gujarat High Court Case Information System
Print
LPA/625/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 625 of 2008
In
CIVIL APPLICATION - FOR DIRECTION No. 7042 of 2008
In
SPECIAL CIVIL APPLICATION No. 28992 of 2007
With
LETTERS
PATENT APPEAL No. 626 of 2008
In
CIVIL APPLICATION - FOR DIRECTION No. 7043 of 2008
======================================
RUPAL
RUPESHBHAI PATEL & 1 – Appellant(s)
Versus
THE
DEPUTY ESTATE OFFICER – Respondent(s)
======================================
Appearance :
MR YN OZA,
Sr.Advocate with MR RAJESH K SAVJANI for
Appellant(s) : 1 – 2.
None for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE Y.R.MEENA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 26/06/2008
ORAL
COMMON ORDER
Learned
Senior Counsel Mr.Oza for the appellant submits that the facts of
this case and the facts in the case of Jayendrabhai Amarsibhai Patel
V/s. Deputy Estate Officer in LPA No.609 and 610/2008, are similar.
In that case (Jayendrabhai) the order was passed by this Court, to
remove the seal of the premises of petitioner-appellant, immediately.
He further submits that in a similar case i.e. Hitesh A.Sarvaiya V/s.
Deputy Estate Officer in Special Civil Appln.No.8191 of 2008, notice
was issued and interim relief was also granted by the learned Single
Judge. Now, in this petition, the same relief was prayed for, and
the learned Single Judge has only issued notice.
Considering
the submissions made, issue notice to the respondents returnable by
14.07.2008.
The
respondents are further directed that since the plan is sanctioned
and building use permission is also obtained from the Authority, the
seal be removed immediately.
List
it on 14.07.2008. Direct service is permitted.
If
the notice is not served, the interim relief granted shall stand
vacated.
(Y.R.
Meena, C.J.)
(J.C.
Upadhyaya, J.)
binoy
Top