Gujarat High Court Case Information System
Print
SCA/5890/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5890 of
2010
=========================================================
VARSHABEN
WD/O BHARATBHAI AMIN - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY REVENUE & 2 - Respondent(s)
=========================================================
Appearance
:
MR
NIRAL R MEHTA for
Petitioner(s) : 1,
MS. MINI M. NAIR, LEARNED ASSISTANT GOVERNMENT
PLEADER for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 10/05/2010
ORAL
ORDER
1. I
have heard Mr. Niral R. Mehta, learned counsel for the petitioner. It
is submitted by him that pursuant to order dated 20th
February, 2009 passed in Letters Patent Appeal No.449/2005 in Special
Civil Application No.603/2005, wherein the Division Bench of this
Court has clarified that the judgment of the Division Bench dated
25th March, 2005 in the above Letters Patent Appeal will
not stand in the way of the Nagar Palikas, Corporations,
Municipalities and State Government to regularise encroachments on
the basis of the laid down policy and approved scheme in accordance
with law. The petitioner has made representations dated 17.04.2009
and 22.04.2010 to respondents Nos.2 and 1 respectively. It is
submitted by Mr. Niral R. Mehta that if respondent No.2 is directed
to decide the representation dated 17.04.2009 in light of the order
of the Division Bench, the petitioner would not be desirous of
pursuing the petition.
2. On
the above statement being made by the learned counsel for the
petitioner, the following order is passed:-
The
respondent No.2 is directed to decide the representation dated
17.04.2009 made by the petitioner, in light of the observations of
the Division Bench, in the Letters Patent Appeal referred to above,
as expeditiously as possible and in accordance with law.
Liberty
is granted to the petitioner to approach this Court, in case of any
difficulty.
At
this stage, the learned counsel for the petitioner prays that he may
be permitted to withdraw the petition.
Permission
to do so, is granted. The petition is disposed of, as withdrawn.
Direct
Service today of this order is permitted.
(Smt. Abhilasha Kumari, J.)
Safir*
Top