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SCA/1163820/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11638 of 2008
==========================================
STATE
OF GUJARAT - Petitioner(s)
Versus
BIKHUBHAI
VALLABHBHAI VASOYA & 1 - Respondent(s)
==========================================
Appearance
:
MR HEMANT
MAKWANA, AGP for Petitioner(s) : 1,
None for
Respondent(s) : 1 - 2.
==========================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 18/09/2008
ORAL
ORDER
1. Leave
to amend the cause title.
2. Heard
Mr. Hemant Makwana, learned Assistant Government Pleader for the
petitioner State of Gujarat.
3. It
is submitted that the land in dispute has already been allotted in
favour of a third party and that the learned Commissioner, while
exercising powers under The Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995
has passed an order cancelling the allotment made in favour of the
third party without giving any opportunity of hearing to the said
party. It is further submitted that in view of the fact that the
disputed land has already been allotted in favour of a third party,
an alternate plot was offered to the respondent no.1 who has,
however, insisted that the same plot be allotted to him.
4. Having
regard to the submissions advanced by the learned Assistant
Government Pleader, issue notice returnable on 08th
October, 2008.
Direct
Service is permitted.
(
Harsha Devani, J. )
hki
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