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SCA/1213020/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12130 of 2008
=========================================================
JAMNAGAR
BALKAN JI BARI CHILD WELFARE ASSOCIATION - Petitioner(s)
Versus
JAMNAGAR
MUNICIPAL CORPORATION - Respondent(s)
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Appearance
:
MR
HARESH J TRIVEDI for
Petitioner(s) : 1,
MR JR NANAVATI for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 23/10/2008
ORAL
ORDER
1. The
petitioner has preferred the petition for appropriate writ to quash
and set aside the Resolution dated 19.4.2008 passed by the respondent
Corporation and consequently notice dated 19.9.2008 and it is prayed
to direct the renewal of lease for a period of 50 years on the same
terms and conditions.
2. Heard
Mr. Trivedi, learned counsel appearing for the petitioner.
3. It
appears that this Court on 17.10.2008 had passed following order :
Mr.
Nanavati learned Counsel appearing for the Corporation states that
the Corporation shall undertake the procedure under the Gujarat
Public Premises (Eviction of Unauthorised Occupants) Act for taking
possession of the property, which is with the petitioner.
As
such the aforesaid statement will sufficiently take care of lawful
right of the petitioner on the aspect of payment of rent or right to
occupy over the property or otherwise.
However,
Mr. Trivedi learned Counsel appearing for the petitioner seeks time
to inquire as to whether the petitioner is further pressing the
petition or not.
Hence,
S.O. to 21.10.2008. To be listed in the first board.
4. Today,
when the matter is taken up for further hearing, Mr. Trivedi, learned
counsel for the petitioner is not in a position to show any details,
whereby the Corporation has exercised power for renewal of the lease
in case of similarly situated persons. Therefore, in absence of any
details, no direction can be issued to renew the lease, more
particularly, when lease deed itself on the basis on which the
possession was given to the petitioner did not provide for any right
with the petitioner for seeking renewal.
5. Apart
from the aforesaid, prima facie observation in any case all such
defence, as may be available in law, are to be made available to the
petitioner in the event the proceedings under the Gujarat Public
Premises (Eviction of Unauthorised Occupants) Act, are initiated as
per the declaration made and recorded hereinabove. Therefore, under
these circumstances and when the proceedings under the Act, are yet
to be initiated and no material is produced on record to show that
any right exists with the petitioner for renewal of lease, mandamus
as sought to be canvassed, cannot be issued. In any event, the period
of lease has expired and therefore, if the right does not exist for
seeking renewal of lease, writ otherwise also cannot be issued for
renewal of lease as sought to be canvassed.
6. Subject
to the aforesaid observations, present petition is not entertained,
hence, dismissed.
(JAYANT
PATEL, J.)
ynvyas
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