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SCA/8897/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8897 of 2010
=========================================================
MAFABHAI
FAGLUBHAI RABARI & 2 - Petitioner(s)
Versus
COLLECTOR
OF DISTRICT BANASKANTHA & 4 - Respondent(s)
=========================================================
Appearance
:
MR
CL SONI for
Petitioner(s) : 1 - 3.
GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 5.
MR HS MUNSHAW
for Respondent(s) : 2 - 3.
MR VIJAY H NANGESH for Respondent(s) :
4 - 5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 09/09/2010
ORAL
ORDER
By
way of present petition, the petitioners have inter alia prayed for
directing the respondent Nos.1 to 4 to immediately remove the
encroachment and unauthorized construction from the gauchar land/
Government waste land made by the respondent No.5 as well as for
initiating appropriate action against the respondent No.5 under
Section 57 of the Gujarat Panchayat Act, 1993 on the basis of the
applications dated 02nd June 2010 made by the
petitioners.
After
arguing the matter, Mr.C.L. Soni, learned counsel for the
petitioners, states that the petitioners have already made
representations dated 02nd June 2010 to respondent
No.2-District Development Officer and that the same have not been
decided so far. He has, therefore, submitted that appropriate
directions may be issued to respondent No.2 to consider and dispose
of the same as expeditiously as possible.
Heard
learned counsel for the parties. Looking to the facts of the case
and in view of the aforesaid statement made by the learned counsel
for the petitioner and the evidence on record, the respondent
No.2-District Development Officer is directed to consider the
representations dated 02nd June 2010 made by the
petitioner which are pending before him after affording sufficient
opportunity of hearing to all the affected parties as well as the
petitioners herein and further directed to decide the same within a
period of two months from today in accordance with law. It is,
however, clarified that this Court has not expressed any opinion on
the merits of the case.
With
the above observations and directions, present petition stands
disposed of. Notice is discharged with no order as to costs.
Direct
Service is permitted.
(K.S.
Jhaveri, J)
Aakar
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