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SCA/8689/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8689 of 2010
=========================================
AMBALAL
SOMABHAI PARMAR (BARIA) & 2 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH PRINCIPAL SECRETARY & 1 - Respondent(s)
=========================================
Appearance :
MR
NIKHIL S KARIEL for
Petitioner(s) : 1 - 3.
MR MR MENGDEY, AGP for Respondent(s) : 1 -
2
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/08/2010
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India
the petitioners have prayed for an appropriate writ, order or
direction to implement the decision of the Mamlatdar & ALT,
Vadodara dated 18/06/2003 in Tenancy Case No. 310/2002.
2. It
appears that the order passed by the Mamlatdar & ALT, Vadodara
dated 18/06/2003 in Tenancy Case No. 310/2002 (which is sought to be
implemented) came to be confirmed by the learned Single Judge vide
impugned judgement and order dated 21/04/2009 in Special Civil
Application No. 12409/2008. It is reported that the order passed by
the learned Single Judge in the aforesaid Special Civil Application
confirming the order passed by Mamlatdar & ALT, Vadodara in
Tenancy Case No. 310/2002 (which is sought to be implemented) is
challenged by the State before the Division Bench by way of Letters
Patent Appeal and even Civil Application for stay is also preferred
and the Division Bench vide order dated 07/07/2010 has been pleased
to issue notice in the Civil Application as well as the Letters
Patent Appeal.
3. In
view of the above, when the order, which is sought to be implemented,
is now subject matter before the Division Bench, no order is required
to be passed by this Court in the present petition at this stage to
implement the order passed by the Mamlatdar & ALT, Vadodara in
Tenancy Appeal No. 310/2002, which is subject matter before the
Division Bench. Hence, the present Special Civil Application is not
entertained at this stage and accordingly, the present petition is
dismissed. Notice is discharged.
(M.R.
SHAH, J.)
siji
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