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SCA/8294/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8294 of 2009
=========================================================
JADAV
GHELABHAI BHARVAD - Petitioner(s)
Versus
TALUKA
MAMLATDAR & 1 - Respondent(s)
=========================================================
Appearance :
MR
SANDEEP N BHATT for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1 -
2.
NOTICE SERVED for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/02/2010
ORAL
ORDER
By
way of this petition under Article 226 of the Constitution of India,
petitioner has prayed for an appropriate writ, order or direction
quashing and setting aside the impugned action of the respondent
No.1 of taking over the possession on 4.2.2009 of the land
ad-measuring Acre 2-0 Guntha of Survey No.277 paiki of village:
Kasturbadham, Tal. & District: Rajkot which according to the
petitioner is in contravention of law pursuant to the notice issued
under Section 202 of the Bombay Land Revenue Code dated 30th
January, 2009.
At
the outset, it is required to be noted that for the very disputed
land in question and treating them notice dated 30th
January, 2009 (issued under Section 202 of the Bombay Land Revenue
Code) as cause of action, petitioner and others have already
preferred Regular Civil Suit No.37 of 2009, which is pending in the
court of learned Principal Senior Civil Judge, Rajkot. Not only that
but in the said suit, petitioner and others have submitted interim
injunction application below Exh.5 which also came to be dismissed
by the learned Addl. Senior Civil Judge, Rajkot by order dated
3.6.2009.
In
view of the above, when the petitioners have already availed of
another remedy and in-fact, petitioner lost and/or failed to get any
interim injunction in the suit, without further entering in to
merits of the case and without expressing anything on merits in
favour of either parties, present petition is not entertained and is
accordingly dismissed. Notice discharged.
(M.R.SHAH,
J.)
(ashish)
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