Gujarat High Court Case Information System
Print
SCA/13425/2011 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13425 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
=================================================
BHARTI
CONSTRUCTION, THROUGH ITS PARTNER, - Petitioner
Versus
GRAM
PANCHAYAT,VAVDI BUJARG & 3 - Respondents
=================================================
Appearance :
MR
YM THAKKAR for Petitioner:
MR UM SHASTRI for Respondents : 1 -
2.
MS. V.S. PATHAK, LD. AGP for Respondent : 3,
NOTICE SERVED
BY DS for Respondents : 3 -
4.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 30/09/2011
ORAL
JUDGMENT
Heard
learned advocate for the petitioner. Rule. Rule is waived by learned
advocates appearing for the respondents. With the consent of learned
advocates for the parties, rule is fixed forthwith.
Shri
Shastri, learned advocate appearing for respondent no.1 & 2 has
very fairly submitted that in view of pendency of the matter before
the District Collector, as could be seen from page-32 of the
petition, there cannot be any objection in quashing the orders at
Annexure-A dated 1/6/2011 and at Annexure-K dated 11/8/2011 at this
stage, without prejudice to the respondent no. 1 & 2’s
contentions to be taken before the appropriate authority.
Learned
advocate for the petitioner also submitted that, it goes without
saying that, in case, if such contentions are taken, then, the
petitioner will also be at liberty to defend their case in
accordance with law.
In
view of the aforesaid submission by learned advocates for the
contesting parties, this Court need not go into other merits of the
matter. Suffice it to say that the order at Annexure-A dated
1/6/2011 and Annexure-K dated 11/8/2011 are hereby quashed and set
aside. Liberty is reserved for the parties to pursue the remedy
before the appropriate authority in accordance with law. Rule made
absolute. No cost in view of the fact situation. Direct service
permitted.
[
S.R. BRAHMBHATT, J ]
/vgn
Top