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SCA/7622/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7622 of 2008
======================================
BABUBHAI
D VANIYA & 1 - Petitioner(s)
Versus
DISTRICT
DEVELOPMENT OFFICER & 5 - Respondent(s)
======================================
Appearance :
MR
DP JOSHI for Petitioner(s) : 1 - 2.
NOTICE SERVED BY DS for
Respondent(s) : 1, 3, 5,
MR HS MUNSHAW for Respondent(s) : 1 -
2.
MR PUSHPADATTA VYAS for Respondent(s) : 4,
MS. MANISHA
LAVKUMAR, ASSTT.GOVERNMENT PLEADER for Respondent(s) : 5,
MR BS
PATEL for Respondent(s) : 6,
MRS RANJAN B PATEL for Respondent(s)
: 6,
======================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 17/11/2008
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
This
is a public interest litigation seeking direction on the respondents
to remove the encroachments in Survey Nos. 30/5, 200, 3, 4, 5, 14,
15, 34/5, 212/1 and 279/2 of village Roopavati, Tal. Sanand, Dist.
Ahmedabad Rural.
2. Detailed
affidavit has been filed by second respondent Taluka Development
Officer, stating that in those cases where stay has not been granted
by the Civil Court, steps have been taken by the Panchayat to remove
the encroachments. Affidavit also refers to pendency of Regular
Civil Suit Nos. 62/07, 79/07, 457/08, 458/07 before the Court of
learned Principal Senior Civil Judge, Ahmedabad.
3. Affidavit
has also been filed by sixth respondent, wherein also pendency of
above Regular Civil Suits have been referred to. Learned Assistant
Government Pleader also submitted that few matters are pending before
the Revisional Authority and stay orders have been issued.
4. That
being the facts and situation, this Court is not justified in issuing
any direction in the matter, but hope that the State Government will
make all the efforts to get the stay vacated and also defend the
Suits pending before the Civil Court as well as the statutory
authorities.
The
petition stands disposed of.
(K.S.
Radhakrishnan, C.J.)
(Akil
Kureshi, J.)
*/Mohandas
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