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LPA/2153/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2153 of 2007
In
SPECIAL
CIVIL APPLICATION No. 28185 of 2007
With
CIVIL
APPLICATION No. 14845 of 2007
In
LETTERS PATENT APPEAL No. 2153 of 2007
=============================================
PARESHBHAI
DALSUKHBHAI PRAJAPATI & 1 - Appellant(s)
Versus
THE
COLLECTOR - Respondent(s)
=============================================
Appearance
:
MR SHITAL R PATEL for
Appellant(s) : 1 - 2.
MS MANISHA LAVKUMAR SHAH ASST GOVERNMENT
PLEADER for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 07/10/2008
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
Heard
learned counsel for the parties.
Learned
counsel for the appellant-petitioner has submitted that the District
Collector has rejected the application for change of use possibly on
the basis of the report dated 11.01.2007 submitted by the Mamlatdar,
Nadiad (City). Learned counsel submitted that the report along with
other materials submitted by the Mamlatdar was also not supplied to
the appellant-petitioner and as such, no opportunity was given to the
appellant-petitioner to submit his objections against the report of
the Mamlatdar.
Considering
the facts and circumstances, we feel that the appellant-petitioner
should be given an opportunity to move the District Collector to
raise his objections against the report of the Mamlatdar and the
District Collector shall re-consider the application of the
appellant-petitioner for change of use afresh. It will be open for
the appellant-petitioner, if so advised, to submit his objections to
the report submitted by the Mamlatdar dated 11.01.2007 as well as any
other material, if required.
However,
we make it clear that we express no opinion on merits of the case and
it is for the District Collector to consider the application of the
appellant-petitioner afresh in accordance with the law and rules
without delay within a period of two months from the date of receipt
of copy of this order.
With
above observations and directions, this Letters Patent Appeal as
well as Civil Application for stay stand disposed of.
Notice
stands discharged.
(K.S. RADHAKRISHNAN, C.J.)
(AKIL
KURESHI, J.)
kailash
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