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SCA/9642/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION NO. 9642 OF 2008
======================================
MOHANLAL
LALJIBHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & ANR. - Respondent(s)
======================================Appearance
:
Mr. Anshin H. Desai for
Petitioner(s).
Government Pleader for Respondent(s) : 1.
None
for Respondent(s) : 2.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 25/07/2008
ORAL
ORDER
Mr.
Anshin H. Desai, learned Advocate for the petitioners, stated that
there is an injunction in favour of the petitioners from the
competent Civil Court, which is still subsisting, despite which the
Collector, Junagadh has issued the show cause notice dated 23rd
May, 2008 at Annexure-W, calling upon the petitioner to explain as to
why certain alleged encroachments should not be removed. He further
submitted that this issue had earlier been concluded by the Collector
by an order dated 20th September, 2003 at Annexure-O. He
submitted that the show cause notice is based on the reports from
DILR, which has also not been supplied to the petitioners.
Considering
the submissions made, issue NOTICE, returnable on 14th
August, 2008. By way of ad interim relief, the Collector,
Junagadh is prevented from proceeding further with the hearing of the
show cause notice dated 23rd May, 2008 (Annexure-W).
Direct
Service is permitted.
[Akil
Kureshi, J.]
kamlesh*
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