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SCA/2861/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2861 of 2008
=========================================================
NATVARLAL
AMRATLAL PRAJAPATI THRO POA-ASHOK AMRATLAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================================
Appearance :
MR
VIJAY N RAVAL for Petitioner(s) : 1,
MR
CHHAYA, AGP for Respondent(s) : 1,
NOTICE SERVED for Respondent(s)
: 1 - 5.
NOTICE SERVED BY DS for Respondent(s) : 1,
MS SEJAL K
MANDAVIA for Respondent(s) : 2,
DS AFF.NOT FILED (N) for
Respondent(s) : 3 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 01/08/2008
ORAL
ORDER
1. Leave
to add Collector as a party respondent.
2. Petitioner
has challenged notice dated 8.2.2008 issued by the Talati-cum-Mantri
of Makhinga Gram Panchayat, District: Surat. By the said notice, the
petitioner is called upon to discontinue his activity of making
bricks in his agricultural land block No.103 and he is directed to
clear the land and intimate to the Authorities accordingly.
3. Learned
advocate, Shri Pandya, for the petitioner submitted that petitioner
is continuing said activity right since 1989 and the Government is
accepting charges and other penalties for the same. It is not
possible for the petitioner to abruptly discontinue his activities.
The learned advocate, Ms.Mandavia, appearing for the Panchayat
submitted that presently the petitioner does not have permission to
operate bricks kiln on the land in question.
4. Primarily,
considering the long duration for which the petitioner has carried on
the activity and that it may require some breathing time for the
petitioner to wind up all his operations, the petitioner is permitted
to approach Collector, Surat in this regard, making a representation.
If such representation is made within week from today, the same shall
be considered as expeditiously as possible.
5. With
these directions, the petition is disposed of accordingly.
(AKIL
KURESHI, J.)
ashish//
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