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MCA/104/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR REVIEW No. 104 of 2010
In
SPECIAL
CIVIL APPLICATION No. 652 of 2009
=========================================================
DIVYABEN
KIRITBHAI MASURIYA & 3 - Applicant(s)
Versus
JAMNAGAR
MUNICIPAL CORPORATION & 20 - Opponent(s)
=========================================================
Appearance :
MR TUSHAR
MEHTA with MR VIRAL K SHAH for Applicant(s) : 1
- 4.
MR JR NANAVATI for Opponent(s) : 1,
None for Opponent(s) :
2,
MR PC KAVINA for MR HRIDAY BUCH for Opponent(s) : 3 - 20.
-
for Opponent(s) : 0.0.0
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date : 07/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE KS JHAVERI)
1. By
way of this application, the applicants have prayed for the following
reliefs :-
“[A]
Be pleased to admit and allow this Misc. Civil Application;
[B]
Be pleased to revive the Special Civil Application No. 652/09 and
restore it on file and be pleased to consider the prayed made in
paragraph 6(D) of the aforesaid petition on merits;
[BB]
Be pleased to condone 199 days delay.
[C]
…..”
2. Heard
learned counsel for the respective parties and perused the documents
on record. Looking to the facts of the case, no case is made out to
recall the order. It is however, clarified that it will be open for
the applicants to challenge the action or inaction on the part of the
respondent-Corporation for the alleged illegal construction/ illegal
construction, which is found by the respondent-Corporation.
3. It
is, however, made clear that this Court had earlier examined the
matter and the same was considered in the main petition. However,
after any directions are issued by this Court, the action or omission
is a fresh cause of action.
3. In
view of the above, the application stands disposed of.
[K.S.
JHAVERI, J.]
[Z.K.
SAIYED, J.]
/phalguni/
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