Gujarat High Court Case Information System
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SCA/5626/2011 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5626 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI
HONOURABLE
MR.JUSTICE G.B.SHAH
=================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=================================================
PATEL
BHIKHABHAI MANGALDAS & 1 - Petitioner(s)
Versus
SPECIAL
LAND ACQUISITION OFFICER & 2 - Respondent(s)
=================================================
Appearance
:
MR AJ PATEL for Petitioner(s) :
1 - 2.
None for Respondent(s) : 1, 3,
Mr N J Shah,
Asstt.GOVERNMENT PLEADER for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 13/05/2011
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. The
learned AGP has raised preliminary objection that this writ petition
is not maintainable as the petitioners have remedy either in filing
appeal challenging the impugned order or by way of filing First
Appeal but the writ petition is not maintainable under Article 226 of
the Constitution of India.
2. We
have heard Mr A.J. Patel, learned Counsel for the petitioners and Mr
N.J. Shah, learned Assistant Government Pleader for respondents No.1
and 2. We are of the opinion that this writ petition is not
maintainable as remedy is available to the petitioners either to file
Revision Application or to file Appeal. This petition is dismissed
on the ground of alternative remedy with liberty to the petitioners
to approach appropriate legal forum.
[V.
M. SAHAI, J.]
[G.
B. SHAH, J.]
msp
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