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SCA/13362/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13362 of 2008
=========================================================
CHARUTAR
VIDYA MANDAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR.D.C.DAVE,
for Petitioner,
MS.VAIJAYANTI S PATHAK AGP FOR RESPONDENTS NO.1
AND 3
None for Respondent:
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/11/2008
ORAL ORDER
Looking
to the urgency shown by Shri D.C.Dave, learned Advocate for the
petitioner, the petitioner is permitted to move present Special Civil
Application today.
Leave
to join Rajan Vinubhai Patel, as party respondent No.4. Amendment to
be carried out at the earliest.
Shri
D.C.Dave, leaned Advocate for the petitioner has submitted that
respondent No.2 has illegally and highhandedly and without authority
under the law and without even any prior notice and / or giving
opportunity of being heard has sealed the following buildings:-
?SA.D.Patel
Institute of Technology;
Chimanbhai
M.U. Patel Industrial
Training
Center;
A.D.
Patel Institute of Technology
Workshop
and Sports Hall;
A
Mess for Boys’ Hostel;
A
Mess for girls’ Hostel
Four
Bungalows for staff;
Four
Bungalows of smaller size of staff.??
It
is submitted that even the Principal of the Institution who was
residing in the staff bungalow, is outstad and the seal is put on the
bungalow occupied by him and at present he is out of his residence.
It is further submitted that similar is the situation with respect to
other staff members who would be returning tomorrow. It is submitted
that under the provision of Gujarat Municipalities Act, as such there
is no provision for sealing the property. It is submitted that
respondent No.2 has acted with mala-fide intention at the behest of
respondent No.4.
Under
the circumstances, Notice returnable on 07/11/2008.
Ms.V.S.Pathak, learned AGP waives service of notice on behalf of
respondents No.1 and 3. In the meantime, by way of
ad-interim-relief, respondents, more particularly, respondent
No.2 is directed to open the seal applied on Four Bungalows for
staff and Four other Bungalows of smaller size of staff immediately.
Direct Service today is
permitted.
(M.R.SHAH,
J.)
sompura
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