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CA/5969/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 5969 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3541 of 2010
=====================================================
PATAN
MUNICIPALITY THROUGH CHIEF OFFICER - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s)
=====================================================
Appearance :
MR
NV ANJARIA for Petitioner(s) : 1,
Mr.Amit P.Patel,learned
ASST.GOVERNMENT PLEADER for Respondent(s) : 1 - 3.
MR BHARAT JANI
for Respondent(s) :
4,
=====================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 18/06/2010
ORAL
ORDER
1. This
Application has been filed by the applicant- Patan Municipality for
withdrawal of Special Civil Application No.3541 of 2010 which has
been filed impugning order dated 15-2-2010 passed by respondent
No.2-Deputy Secretary (Appeals), Department of Urban Housing and
Urban Development, under the provisions of Section 264 of the Gujarat
Municipalities Act,1963.
2. Mr.N.V.Anjaria,learned
advocate for the applicant submits that after the petition was filed
and notice of Rule and ad-interim relief granted by this Court, the
applicant (original petitioner) received communication dated
19-4-2010 from the respondent No.2 informing him that the order
impugned in the petition is not the correct order as the same is
found to be tampered with in the Office of respondent No.2. Further,
another order, which is the correct order, has been sent to the
petitioner by respondent No.2 by way of the said communication and
this order is favourable to the petitioner, therefore, the petitioner
cannot now maintain the petition,which may be permitted to be
withdrawn.
3. Having
heard the learned counsel for the applicant and in view of the
submissions made by him, the Application is allowed and permission
to withdraw Special Civil Application No.3541 of 2010, is granted.
The said petition is disposed of, as withdrawn.
(Smt.Abhilasha Kumari,J)
arg
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