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SCA/4923/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4923 of 2010
=========================================================
AHMEDABAD
MUNICIPAL CORPORATION - Petitioner(s)
Versus
KARAN
ARVINDBHAI SONI - Respondent(s)
=========================================================
Appearance
:
MRS
KALPANA K RAVAL for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1,
MR
NACHIKET A DAVE for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/07/2010
ORAL
ORDER
1. Heard
learned advocate Mrs.Kalpana K. Raval for petitioner and learned
advocate Mr.N.A.Dave for respondent.
2. This
Court has issued notice to the respondent by order dated 21.4.2010.
3. The
petitioner has challenged the order passed by the Metropolitan
Magistrate, Court No.8, Ahmedabad dated 2.2.2010 at Exh.1 in Misc.
Application No.116 of 2009 (Annexure-A, Page-9).
4. Learned
advocate Mrs.Raval submitted that Metropolitan Magistrate has passed
an order in absence of petitioner and no reasonable opportunity of
hearing is given to Corporation before passing such order.
5. Learned
advocate Mr.Dave submitted that let this matter may be remanded back
to the Metropolitan Magistrate, Court No.8, Ahmedabad and respondent
will join the petitioner Ahmedabad Municipal Corporation as party
respondent and also make the prayer to file amendment application
for making change in name and surname.
6. Considering
the submissions made by learned advocates appearing for the
respective parties, the order passed by Metropolitan Magistrate,
Court No.8, Ahmedabad dated 2.2.2010 in Misc. Civil Application
No.116 of 2009 at Exh.1 is hereby quashed and set aside while
remanding the matter back to Metropolitan Magistrate, Court No.8,
Ahmedabad.
7. The
Metropolitan Magistrate, Court No.8, Ahmedabad to issue notice to
Ahmedabad Municipal Corporation and thereafter, to consider the
amendment application which will be filed by respondent herein and
thereafter, to pass appropriate reasoned order in accordance with
law, after giving reasonable opportunity of hearing to respective
parties, as early as possible preferably within a period of one month
from the date of receiving copy of present order.
8. Let
the notice may be served immediately to Ahmedabad Municipal
Corporation by Metropolitan Magistrate Court No.8, Ahmedabad in
respect to application which will be preferred by respondent herein.
9. In
view of aforesaid observations and directions, present petition is
disposed of accordingly without expressing any opinion on merits.
(H.K.RATHOD,J.)
(vipul)
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