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MCA/2667/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2667 of 2010
In
SPECIAL
CIVIL APPLICATION No. 6252 of 2002
=========================================================
MANOJBHAI
RASIKLAL SHAH - Applicant(s)
Versus
STATE
OF GUJARAT & 9 - Opponent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1,
None for Opponent(s) : 1 -
9.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 13/12/2010
ORAL
ORDER
1. Heard
learned advocate Mr.Shakeel Qureshi for applicant.
2. In
this application, prayer is made by applicant to issue further
direction to opponent No.2 for taking action under Section 260 read
with Section 478 of BPMC Act in pursuance to order passed by this
Court on 18.11.2002 in SCA No.6252 of 2002.
3. This
Court has passed the order on 18.11.2002 without entering into merits
of the matter and it was directed to respondent – AMC to
initiate proper proceedings against respondent Nos.3 to 10 as per
notice under Section 260 of BPMC Act and proceed further in
accordance with law within some reasonable time. With aforesaid
observations, matter has been disposed of by this Court without
expressing any opinion on merits.
4. If
this order is not complied with, then remedy is available to
applicant – petitioner to file appropriate proceedings before
appropriate forum or it is open for applicant – petitioner to
file appropriate proceedings before appropriate forum, if action is
still not taken by respondents.
5. In
view of aforesaid directions, present application is disposed of
without expressing any opinion merits.
[
H.K.RATHOD, J. ]
(vipul)
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