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SCA/3737/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3737 of 2010
=========================================================
TURK
MAMAD OSMAN THRO'POA TURK ABDUL KADAR - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s)
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Appearance :
MR
NK MAJMUDAR for Petitioner(s) : 1,
MR. SONI, AGP for Respondent(s)
: 1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/07/2010
ORAL
ORDER
By
way of this petition, respective common petitioners has prayed for an
appropriate writ, direction and order quashing and setting aside the
common impugned orders passed by the learned Secretary (Appeals),
State of Gujarat dismissing the their revision applications in which
allotment of the land in question in favour of respondent no.4 was
under challenge. It is to be noted and it is not in dispute that as
such against their impugned action / order of the appropriate
authority in allotting the land in question in favour of respondent
no.4 petitioner had already filed Civil Suit in which application
Exh.5 for interim injunction was submitted , which came to be
rejected against which the petitioners preferred appeal before the
learned Appellate Court which also has been rejected and the said
orders have attained the finality. Under the circumstances, petition
for the same relief is not required to be entertained. Under the
circumstances, present petition is dismissed. However, it is observed
that this Court has not expressed anything on merits with respect to
maintainability of such suit and the such question is kept open. With
this, present Special Civil Application is dismissed.
(M.R.SHAH,
J.)
kaushik
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