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SCA/10291/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10291 of 2011
=========================================================
BABULAL
A JADAV & 1 - Petitioners
Versus
STATE
OF GUJARAT & 4 - Respondents
=========================================================
Appearance :
MR
NIKHIL S KARIEL for
Petitioners : 1 - 2.
MS MONALI BHATT AGP for Respondent : 1,
None
for Respondents : 2 -
5.
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 09/09/2011
ORAL
ORDER
Heard
Mr. Kariel, learned advocate appearing for the petitioners and Ms.
Bhatt, learned AGP appearing for respondent No. 1 on advance copy.
Learned
advocate for the petitioners has made serious grievances with regard
to inaction on the part of the respondents in complying with the
direction in the order dated 3.9.2010 passed in Special Civil
Application No. 9275 of 1993. Learned advocate has contended that
despite their being a specific recording of the stand on the part of
the concerned Engineer of the Capital Project, Gandhinagar in
respect of the land in question and direction to the concerned
authority disposing of the application as expeditiously as possible,
the inaction compelled the petitioners to file contempt petition and
present petition, may be appreciated by the Court.
Learned
AGP submitted that communication at page-31 is indicative of the
action on the part of the respondents and hence the contention of
learned advocate for the petitioners with regard to inaction cannot
be accepted.
Be
that as it may. This court is of the prima-facie view that the order
dated 3.9.2010 passed in Special Civil Application No. 9275 of 1993
disposing of the matter of 1993 is not taken into right spirit and
therefore, it is unfortunate that the petitioners are constrained to
take out one after the other proceedings, though their cause of
action arose in the year 1993 was actually put an end to by 3.9.2010
order but that termed out mere illusory and hence, this Court is of
the view that let there be a notice for final disposal.
Notice
for final disposal returnable on 23.09.2011. As notice is being
issued for final disposal, it is expected of all the respondent
concerned to file respective affidavit-in-reply, if any, answering
the allegations and contentions raised in the petition or else on
the next date of hearing, the Court would be constrained to pass
appropriate order on this petition in absence of the
affidavit-in-reply. Direct service permitted.
(S.R.BRAHMBHATT,
J.)
pallav
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