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SCA/8713/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8713 of 2011
With
SPECIAL
CIVIL APPLICATION No. 8714 of 2011
With
SPECIAL
CIVIL APPLICATION No. 8715 of 2011
With
SPECIAL
CIVIL APPLICATION No. 8716 of 2011
=========================================================
VINODRAI
G AGRAWAT - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR.VARUN
K.PATEL for Petitioner(s) : 1,
MS MINI NAIR, ASST. GOVT. PLEADER
for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 13/07/2011
ORAL
ORDER
Leave
to amend so as to join the complainant Mr. Sadiya Keshav Jina at
whose behest the present impugned order came to be passed staying the
resolution passed in favour of the present petitioners.
Heard
Mr. V.K. Patel, learned advocate for the petitioners and Ms. Mini
Nair, learned Assistant Government Pleader for the respondent-State.
The
learned advocate for the petitioners, relying upon the decisions of
this Court in the case of Vasantilal R. Kansara vs. Viramgam
Municipality & Ors. reported in 1995 (2) GLH 436 and R.C. Gajjar
& Anr. vs. State of Gujarat & Ors reported in 1996 (1) GLH
276 contended that the respondent No.2, District Collector, was under
obligation to hear the present petitioners as the present
petitioners are the direct beneficiaries of the resolution which is
stayed by the Collector under section 258 of the Gujarat
Municipalities Act, 1963 [hereinafter referred to as the Act].
This
Court is of the view that ordinarily petition under 226 of the
Constitution challenging the Collector’s order staying the resolution
under section 258 of the Act need not be entertained. However the
peculiar facts of this case go to show that the Collector, respondent
No.2 herein, appears to have acted on the application by the newly
joined respondent, Mr. Sadiya Keshav Jina and has heard the
Nagarpalia. When the Nagarpalika was thought fit to be heard, it was
the bounden duty cast upon the Collector to hear the direct
beneficiaries of the resolution. The Court is, therefore, of the view
that let there be notice for final disposal, returnable on 25th
July 2011.
It is
expected of the respondents to be ready with reply affidavit, if
any.
In
the meantime, it is directed that the Collector’s order dated 2nd
July 2011 is stayed.
Direct
Service to respondents No.2, 3 and 4. Ms. Mini Nair, learned
Assistant Government Pleader waives service of notice for respondent
No.1.
mathew [S.R.BRAHMBHATT.
J.]
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