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SCA/931/2010 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 931 of
2010
=========================================================
B
J SHAH - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MJ MEHTA for
Petitioner(s) : 1,
MS VS PATHAK ASST. GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 03/02/2010
ORAL
ORDER
1. This
petition, preferred under Articles 226 and 227 of the Constitution of
India, challenges the judgment and order dated 05.12.2009 passed by
the District Court, Ahmedabad(Rural) in Regular Civil Appeal No.40 of
2008, whereby the order dated 24.09.2008 of the City Deputy Collector
and Competent Authority under the provisions of the Gujarat Public
Premises (Eviction of Unauthorised Occupants) Act, 1972, has been
confirmed. The petitioner has been directed to vacate the quarter
occupied by him, on, or before 05.02.2010.
2. Mr.
M.J. Mehta, learned Counsel for the petitioner, upon instructions,
has submitted that he would not like to press the petition as the
petitioner is ready to give an undertaking to the effect that the
petitioner shall vacate the quarter in question being Quarter No.
C/3/14, Government Quarters, Memnagar, Ahmedabad, on or before 1st
March, 2010.
3. The
petitioner, Mr. B.J. Shah, is present in person in the Court today,
and has endorsed the statement made by the learned Counsel, appearing
on his behalf. Further, it is stated, by Mr. Mehta, upon
instructions, if the petitioner does not vacate the above-mentioned
quarter by 1st March, 2010, the respondents shall be at
liberty to take appropriate action.
4. Ms.
V.S. Pathak, learned Assistant Government Pleader, has submitted that
the respondent No.2 has already issued a notice to the petitioner to
vacate the quarter in question, on, or before 5th
February, 2010.
5. The
learned Counsel for the petitioner has tendered a written
undertaking, signed by the petitioner, and affirmed on 03.02.2010, to
the above effect, which is taken on the record of the case.
6. In
view of the statement made by the learned Counsel for the petitioner,
as endorsed by the petitioner and the undertaking given by him, the
notice dated 22nd January, 2010
issued by respondent No.2 to the petitioner for vacating the quarter
in question, on, or before 5th February,
2010, shall remain in abeyance, till 1st
March, 2010. The said notice will become operative on 1st
March, 2010, in the event that the petitioner fails to comply with
the undertaking given before this Court. The respondents will then be
at liberty to take appropriate action, in accordance with law.
7. The
learned Counsel for the petitioner has further submitted that the
petitioner has made an application for allotment of another quarter,
as per rules and entitlement. Be that as it may, the respondents may
consider that application, without being influenced by the filing of
the present petition.
8. At
this stage, Mr. M.J. Mehta, learned Counsel for the petitioner, upon
instructions, has submitted that, in light of the above-mentioned
undertaking, the petition may be disposed of, as the petitioner has
given an undertaking to vacate the quarter in question by 1st
March, 2010, nothing now survives in the petition.
9. Accordingly,
the petition is disposed of, in terms of the undertaking given by the
learned Counsel for the petitioner. The petitioner shall vacate the
quarter in question on, or before 1st
March, 2010, failing which the respondents are at liberty to take
action, in accordance with law.
10. It
is clarified that the passing of this order will not exonerate the
petitioner from the payment of any dues / rent / penalty to the
respondents, in respect of the quarter in question, that may be
outstanding, as per the rules.
(SMT.
ABHILASHA KUMARI, J.)
Umesh/
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