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SCA/9119/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9119 of 2011
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MANJIBHAI
SAMJIBHAI KATRODIYA THRO'POA DIPAKBHAI M KATRODIYA & 52 -
Petitioners
Versus
MUNICIPAL
CORPORATION FOR THE CITY OF SURAT THROUGH & 1 - Respondents
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Appearance :
MRDILIPLKANOJIYA
for Petitioners : 1 - 53.
None for Respondents : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 26/07/2011
ORAL
ORDER
Shri
Sanjanwala, learned advocate appearing for the petitioners submit
that the petitioners are engaged in a work which is purely
classified to be ‘Cottage Industry’ as embroidery work even is done
with the help of machine would not take that work out of the purview
of cottage industry, and he relies upon the provision of GDCR
existing, which permits development of such matter with the
permission of the Area Development Authority. He therefore submitted
that the petitioners have already approached concerned authorities
vide communication dated 7/5/2011, in addition thereto one more
detailed representation be preferred and in such an event the Court
may direct the authorities to decide the same in accordance with
law.
Shri
Sanjanwala also requests that let there be some time limit
prescribed to the authorities for deciding the same.
This
Court is of the view that the authorities, if vested with discretion
to grant permission of such development, cannot evince any inaction
by not responding to the request for permission. Though the
permission is purely discretionary, and such request for permission
is considered strictly in accordance with the provision of GDCR,
hence the petitioners are at liberty to make additional request by
way of another representation in continuation of their earlier
representation dated 7/5/2011 for seeking appropriate permission,
and if such representation is made within a week from today same
shall be decided within three weeks thereafter. In view of this,
Shri Sanjanwala seeks permission to withdraw this petition at this
stage. The permission as sought for is granted. Petition stands
disposed of. However, this order may not be construed as an opinion
of the Court on the challenge made by the petitioners in this
petition.
This
order is passed ex-parte, keeping in view the established principle
of law that the authority vested with discretionary power has to
respond to the request calling upon it to exercise the same, and
this order therefore in any way be treated as an impediment, then,
it is open for the respondent authorities to approach this Court
with an appropriate application for modification and / or revocation
of the same. Direct service permitted.
[
S.R. BRAHMBHATT, J ]
/vgn
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