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SCA/5227/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5227 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
BABUBHAI
MOHANBHAI LUHAR & 7 - Petitioner(s)
Versus
CHIEF
OFFICER & 1 - Respondent(s)
=========================================================
Appearance
:
MR
JV JAPEE for
Petitioner(s) : 1 - 8.
MR LR PATHAN for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/08/2010
ORAL
JUDGMENT
RULE.
Mr.L.R. Pathan, learned
advocate waives the service of notice of rule on behalf of the
respondents.
In
the facts and circumstances of the case and with the consent of the
learned advocates appearing on behalf of the respective parties,
present petition is taken up for final hearing today.
By
way of this petition under Article 226 of the Constitution of India,
the petitioners have prayed for appropriate writ, order and/or
direction quashing and setting aside the impugned notices
dtd.19/4/2010 issued by the respondent No.1 to the petitioners, by
which the petitioners are directed to remove the encroachment,
which is on the land in question.
Having
heard the learned advocates appearing on behalf of the respective
parties it appears that it is the case on behalf of the respondents
and so submitted by Mr.L.R. Pathan, learned advocate appearing on
behalf of the respondents, that as there is breach of condition of
agreement executed between the petitioners and the Nagar Palika
pursuant to the allotment of the space for putting up the Cains, the
impugned decision is taken. However, considering the impugned
notices, it appears that the impugned notices are not issued on the
aforesaid ground. If the respondents are of the opinion that there
is a breach of condition of agreement executed between the
petitioners and the Nagar Palika pursuant to the allotment of the
space for putting up the Cains, in that case, the petitioners are
required to be given show cause notice before taking any action on
the aforesaid ground and they are required to be heard on the
aforesaid ground.
Under
the circumstances, without expressing any opinion on merits with
respect to the breach alleged to have been committed by the
petitioners and without expressing any opinion on merits in favour
of either parties, present Special Civil Application is disposed of
by quashing and setting aside the impugned notices dtd.19/4/2010
reserving liberty in favour of the respondents to initiate
appropriate proceedings by issuing show cause notice to the
petitioners
for the breach
of condition of agreement executed between the petitioners and the
Nagar Palika pursuant to the allotment of the space for putting up
the Cains, as alleged by the respondents and take appropriate
decision in accordance with law and ion merits, after giving an
opportunity of being heard to the petitioners and considering the
reply of the petitioners to the show cause notice that may be
issued by the respondents.
With
these present Special Civil Application is disposed
of. Rule is made absolute to the aforesaid extent.
[M.R.
SHAH, J.]
rafik
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