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SCA/5467/1999 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5467 of 1999
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SUO
MUTO - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
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Appearance :
SUO
MOTU for Petitioner(s) : 1,MR AK CLERK for Petitioner(s) : 1,
MR
PK JANI, GOVERNMENT PLEADER for Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 21/01/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
From
the order 15.9.2010, it appears that the 95 persons were illegally
occupying the Government quarters as on 15.9.2010, 5 persons were
allowed time till 31.12.2010 to vacate the premises, 5 matters were
pending for regularization, 1 person was ordered to be evicted by
30.9.2010 and 2 matters were pending before the District Court.
2. From
the present status report filed by the Superintending Engineer,
Capital Project Circle, it appears that further 7 persons are
evicted. Out of the rest of 6 persons, occupation of 1 person is
regularized he having again been transferred to Gandhinagar. On the
request of 3 persons, time is allowed upto 31.3.2011 in case of Mr LB
Patni, 31.5.2011 in case of Mr MK Dave and 30.6.2011 in case of Mr BS
Pandya, either on medical ground or due to study of their children or
the officer is suffering from cancer.
3. So
far as other 2 cases are concerned, one Mr AK Sharma, an officer of
Indian Forest Services was subjected to eviction proceedings and the
competent authority permitted his occupation on 24.3.2009. The State
Government is proposing to file an appeal against the same before the
District Court. So far as another person Mr BS Bhavsar is concerned,
his occupation has been regularized by the competent authority,
against which the Executive Engineer, Patnagar Yojna Vibhag – 1
has filed Appeal No. 87 of 2010 in the District Court.
4. In
view of such steps taken by the authorities, no further order is
required to be passed in this case. The respondents are directed to
ensure that the persons who have been allowed time to occupy as
aforesaid, are evicted immediately on completion of such time.
The
writ petition stands disposed of. No costs.
[S.
J. MUKHOPADHAYA, CJ.]
[AKIL
KURESHI, J.]
sundar/-
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