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MCA/1346/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1346 of 2006
in
SPECIAL
CIVIL APPLICATION No.12456 of 2001
=========================================================
HATIMBHAI
JABIRBHAI BHADARVAWALA & 1 - Applicant(s)
Versus
COLLECTOR
& 2 - Opponent(s)
=========================================================
Appearance
:
MR
NS SHETH for
Applicant(s) : 1
- 2.
MR HM PRACHCHHAK AGP for
Opponent(s) : 1
& 3
None
for Opponent(s) : 2
=========================================================
CORAM
:
HONOURABLE
MR. JUSTICE B.J.SHETHNA
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 06/10/2006
ORAL
ORDER
(Per
: HONOURABLE MR. JUSTICE B.J.SHETHNA)
Rule.
Mr.Prachchhak learned AGP waives service for respondent Nos.1 &
3.
Heard
learned counsel for the parties.
With
a view to avail alternative remedy of appeal, the
applicants-petitioners want to withdraw the above main petition
dismissed only on the ground that the shop in question of the
petitioner was already demolished.
In
view of the above, as a special case, request for recalling the order
dated 24.3.2006 passed in Special Civil Application No.12456 of 2001
is granted as the applicants-petitioners want to withdraw the above
main writ petition itself with a liberty to avail alternative remedy
of appeal.
Accordingly,
order dated 24.3.2006 passed in Special Civil Application No.12456 of
2001 is recalled. On the joint request of the learned counsel for
the parties, the above main Special Civil Application No.12456 of
2001 is ordered to be placed for orders today itself. Rule is made
absolute accordingly. No order as to costs.
(B.J.SHETHNA,
J.)
(M.D.SHAH,
J.)
*pvv
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