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SCA/2690/2000 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2690 of 2000
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JAYANTILAL
DAMJIBHAI LATHIA
Versus
STATE
OF GUJARAT & OTHERS
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Appearance :
MR
HARIN P RAVAL for Petitioner(s) : 1,
GOVERNMENT PLEADER for
Respondent(s) : 1 - 5, 7,
RULE SERVED for Respondent(s) :
6,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/09/2010
ORAL
ORDER
This
Court passed the following order on 2nd March 2006:-
Before
the learned advocate for the petitioner argues the matter in detail
and at length, it is stated by the learned Assistant Government
Pleader, on behalf of the concerned authority that now final order
has been passed by the City Survey Superintendent, Rajkot in
pursuance of the order dated 21st
April, 2001 passed by this Court and this order is appealable under
section 203 of The Bombay Land Revenue Code, 1879.
2.
At this stage, the learned counsel for the petitioner submitted
that impugned order has been received today and therefore, some time
may be granted to the petitioner to challenge the impugned order
under section 203 of The Bombay Land Revenue Code, 1879; but
meanwhile, status quo which has been granted by this Court vide
order dated 17th April, 2000 and which has been confirmed
by the order dated 21st April, 2001 and which has been
continued till today, may be continued till the stay application is
decided by the appellate authority, namely Collector, Rajkot under
section 203 of the Code of 1879 and 10 days thereafter.
3.
Having heard the learned counsel for both the sides and looking to
the facts and circumstances of the case, I hereby permit the
petitioner to prefer an appeal under section 203 of the Code, 1879
before the District Collector, Rajkot. In the meanwhile, status quo
granted by this Court vide order dated 17th
April, 2000 which is confirmed by the subsequent order passed by
this Court and continued till today shall remain operative for 10
days after the order passed by the Collector, Rajkot upon stay
application which will be preferred by the petitioner alongwith the
appeal. The appeal will be preferred by the petitioner on or before
24th
March, 2006. The learned advocate for the petitioner submitted that
the appeal will be preferred as early as possible and on or before
24th
March, 2006. The stay application which will be preferred by the
petitioner alongwith the appeal shall be decided by the Collector,
Rajkot within a period of three months from the date of receipt of
such application.
4.
The respondent no. 6 has been issued a notice for initiating
contempt proceedings. It is reported to the learned Assistant
Government Pleader by the officer of the concerned authority that
respondent no. 6 has expired. Apart from this aspect of the matter,
in view of the final order passed by this Court, all the orders so
far as contempt notice is concerned, are brought to an end including
notice for issuance of contempt proceedings.
Direct service permitted.
In
spite of the same, the legal heirs are not brought on record.
Hence, as a last chance, matter is adjourned to 11th
October 2010. Action to be taken in the meanwhile.
(K.S.Jhaveri,
J.)
*mohd
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