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LPA/1558/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1558 of 2007
In
SPECIAL CIVIL APPLICATION No. 10139 of 2007
With
CIVIL
APPLICATION No. 10490 of 2007
In
LETTERS PATENT APPEAL No. 1558 of 2007
=========================================================
SHEIKH
FAZLURRAHEMAN HIFZURRAHEMAN RASHID - Appellant(s)
Versus
COLLECTOR
& 1 - Respondent(s)
=========================================================
Appearance
:
MR
NEHAL R JOSHI for
Appellant(s) : 1,
MS MINI NAIR, AGP for Respondent(s) : 1,
MR
BC DAVE for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 22/09/2008
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
This
Appeal preferred under clause 15 of the Letters Patent arises from
the judgment and order dated 23rd July, 2007 passed by the
learned Single Judge in above Special Civil Application
No.10139/2007.
The
appellant writ petitioner had occupied a piece of land in the
town of Lunawada. Pursuant to the notice of eviction issued by the
respondent Municipality, the petitioner approached the civil
court in Regular Civil Suit No.33/1996. The said suit was settled out
of the Court by the President of the Municipality. It appears that
under the said compromise, the President of the Municipality agreed
to grant the said land to the appellant on leave and license basis.
The said compromise was objected to by the District Collector. Under
the order of the District Collector the appellant was sought to be
evicted. The said order was confirmed by the State Government. Being
aggrieved, the appellant preferred the above writ petition. The
petition has been rejected by the learned Single Judge.
No
case for interference is made out. The Appeal is dismissed in limine.
Civil Application stands disposed of. Ad-interim relief stands
vacated.
It
is clarified that this order shall not preclude the appellant from
participating in the public auction as and when the disputed land is
disposed of by public auction.
(Sharad
D.Dave, J.) (Ms.R.M.Doshit, J.)
/moin
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