The High Court of Gujarat granted permission to withdraw a writ petition (PIL) without adjudicating on merits, observing that appropriate remedies lie with authorities like the Collector, State Authorities, and Pollution Control Board.
Permission to withdraw the petition granted; case disposed of as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/WPPIL/153/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 153 of 2019
======================================
RAJIVBHAI SHANTILAL DESAI
Versus
STATE OF GUJARAT
====================================== Appearance:
SUMIT K PRAJAPATI(8867) for the Applicant for the Opponent Nos. 2, 3, 4, 5, 6, 7, 8
ADVANCE COPY SERVED TO GP/PP(99) for the Opponent No. 1
MR. DHARMESH DEVNANI, AGP for the Opponent No.1
======================================
CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT and
HONOURABLE DR.JUSTICE A. P. THAKER
Date : 05/09/2019
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)
Shri Adil Mirza, learned advocate for Shri S.K.Prajapati, learned advocate for the petitioner seeks permission to withdraw this petition with a view to pursue the remedies including remedy of filing appeal before the Commissioner.
We grant permission to withdraw the same as otherwise also we are of the view that the appropriate remedy at this stage would be only the authorities vested in the Collector and the State Authorities and Pollution Control Board. In case if the actions are not taken in accordance with law, there could be a cause of Public Interest Litigation.
With these observations, we grant permission to withdraw this petition. The present petition is disposed of as withdrawn. The
Page 1 of 2
C/WPPIL/153/2019 ORDER
Court has not opined on merits.
It goes without saying that the application or appeal etc., made by the petitioner would be decided in accordance with law expeditiously.
(S.R.BRAHMBHATT, J.)
AMAR RATHOD...
Page 2 of 2
Rajivbhai Shantilal Desai
State of Gujarat
S.R.Brahmbhatt
A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
