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SCA/9548/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9548 of 2008
=========================================================
MOTHALIYA
MAGANJI GOBARBHAI - Petitioner(s)
Versus
COLLECTOR
& 2 - Respondent(s)
=========================================================
Appearance
:
MR
JV JAPEE for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 2.
MR JK SHAH
ASST GOVERNMENT PLEADER for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 24/07/2008
ORAL ORDER
The
request of the petitioner for regularisation of the encroachment, has
been turned down by the Government on the ground that the High Court
has prevented the authorities from regularising the encroachments in
the Government land. This was conveyed to the petitioner by the
impugned communication dated 19.03.2008. Learned AGP Mr.J.K.Shah
places on record the order passed by the Division Bench of this Court
dated 25.03.2005 in Letters Patent Appeal No.449 of 2005 wherein such
directions have been issued.
Counsel
for the petitioner is not in a position to point out that said order
has since been modified or recalled.
Under
the circumstances, I do not find any illegality in the decision of
the authority. However, it will be open for the petitioner to
approach the authorities if and when the rigorous are relaxed by the
High Court. Such request will be considered in accordance with
Government policy and facts of the case.
With
the above observations, the petition is disposed of.
(
Akil Kureshi, J. )
kailash
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