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SCA/8458/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8458 of 2010
======================================
BHAGWANBHAI
RANCHHODBHAI PRAJAPATI & 1 - Petitioners
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 7 - Respondents
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Appearance :
MR
DHAVAL M BAROT for the Petitioners.
MS TRUSHA PATEL, AGP for
Respondent No.1.
NOTICE SERVED BY DS for Respondent(s) : 1 -
8.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 02/08/2010
ORAL
ORDER
1. A
grievance, which is voiced in the present petition is with respect to
non-putting of construction of protection wall.
2. In
response to the Notice issued by this Court, Mr.J.N.Vasava, Deputy
Executive Engineer, Sub-Division No.3, Vyara, District:Tapi, is
personally present in the Court.
3. Ms.Trusha
Patel, learned Assistant Government Pleader, under the instruction
received from the concerned respondents, has stated at the bar that
it is the petitioners, who have not permitted the Officers to enter
into the field and unload the goods and materials, which are required
for construction of protection wall and, therefore, protection wall
is not constructed.
The
aforesaid is disputed by Mr.Dhaval Barot, learned advocate appearing
on behalf of the petitioners and under the instruction received from
the petitioners, he has stated at the bar that as and when Officers
will come at the field of the petitioners, they will be permitted to
enter into the field for construction of protection wall and they
will be permitted to unload the goods and materials, which are
required for the purpose of construction of protection wall.
4. Ms.Trusha
Patel, learned Assistant Government Pleader, under the instruction
received from the concerned respondents, has stated at the bar that
protection wall shall be constructed on or before 31/12/2010, without
fail.
5. Under
the circumstances, the petitioners are directed to act as stated
hereinabove and to permit the Officers to enter into the field for
construction of protection wall and to unload goods and materials,
which are required for the purpose of construction of protection
wall. The concerned respondents are directed to complete the
construction work of protection wall at the earliest but not later
than 31/12/2010.
With
this, the present petition is disposed of. Notice is discharged. No
costs.
[M.R.SHAH,J]
*dipti
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