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SCA/10762/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10762 of 2010
=========================================================
SMITA
SHIRISHBHAI SEJPAL - Petitioner(s)
Versus
CHAIRMAN
- Respondent(s)
=========================================================
Appearance
:
MR
MEHUL S SHAH WITH MR ASIT B JOSHI
for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/09/2010
ORAL
ORDER
Heard
learned advocate Mr.Mehul S. Shah with learned advocate Mr.Asit B.
Joshi on behalf of petitioner.
A
detailed representation has been made by petitioner to respondent
herein dated 11.3.2010 which remained unanswered and not decided till
date by respondent.
Learned
advocate Mr.Shah submitted that claim of petitioner in respect to
commercial plot No.95/2 situated at Ankleshwar where auction notice
dated 4.9.2010 is placed on record. He also submitted that if this
plot in question where claim is made by petitioner if it is to be
sold in auction, then entire representation become infructuous and
right of petitioner will adversely affected. Therefore, he submitted
that petitioner will make separate application to concerned
respondent to wait upto auction the commercial plot No.95/2 as
advertised in auction notice dated 4.9.2010 and some suitable
direction may be issued to respondent Corporation, so they may decide
the representation made by petitioner within some reasonable time.
Considering
the submissions made by learned advocate Mr.Shah and also considering
the earlier order passed by this Court in SCA No.9213/2010 dated
6.8.2010, it is directed to respondent herein to consider
representation dated 11.3.2010 and examine the grievance of present
petitioner on the basis of record and then, to pass appropriate
reasoned order in accordance with law, within a period of two months
from date of receiving copy of present order and communicate the
decision to petitioner immediately.
It
is open for respondent herein, in case if any assistance is required
or some further details is required from petitioner, then respondent
Corporation may call the petitioner personally for such details.
It
is open for petitioner to make such application in respect to
advertisement dated 4.9.2010 for auctioning commercial plot No.95/2
with a request to wait till the representation is decided by
respondent herein.
As
and when such request is made by petitioner, the concerned authority
may consider it sympathetically, so question of considering
representation, that exercise may not become infructuous.
In
view of aforesaid observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
(H.K.RATHOD,J.)
(vipul)
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