Writ petition filed for regularization of land possession and interim stay. Court granted permission to withdraw the petition to approach the Sub-Divisional Committee first, disposing of the matter as withdrawn.
Permission to withdraw the petition granted; petition disposed of as withdrawn.
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C/SCA/11453/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11453 of 2020
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DIPSINGBHAI BHAVANBHAI CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR MA KHARADI(1032) for the Petitioner(s) No. 1 MR BHARAT VYAS, AGP for the Respondent(s) No. 1 NOTICE SERVED(4) for the Respondent(s) No. 2,3 NOTICE UNSERVED(8) for the Respondent(s) No. 4
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 10/12/2020
ORAL ORDER
This petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:
“8(A) Admit this petition.
(B) Allow this petition by directing the respondents to recognize the rights of the petitioner and thereby his possessive over the land in question may be regularized by issuing a Sanad in the name of the petitioner.
(C) Grant the interim relief by restraining the respondents from causing any kind of obstructions and hindrances in the agriculture activities carried out by the petitioner on the land in question.
(D) Grant the interim relief by restraining the respondents from preventing the petitioner to carry out the agriculture activities by the petitioner on the land in question.
(E) Award the cost of petition.
(F) Grant such other and further relief(s) which may deem fit in the interest of justice.”
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C/SCA/11453/2020 ORDER
At the outset, Mr.M.A. Kharadi, learned advocate for the petitioner has submitted that his grievance, which has been voiced out in the petition is pending right now before the SubDivisional Committee, which is validly constituted and despite the said fact, the authorities are harassing the present petitioner and as such, learned advocate Mr.Kharadi for the petitioner wants to represent before the Sub-Divisional Committee in this regard.
Considering the fact that issue is pending for examination before Sub-Divisional Committee of the grievance voiced out in the petition. It would not be desirable on the part of this Court to usurp the adjudicating process from the authority and therefore, considering this situation, learned advocate Mr.Kharadi seeks permission to withdraw this petition with a view to approach the Sub-Divisional Committee for a request to consider this case as early as possible and in the meantime restrain the Officers from harassing the petitioner. Since the permission is sought for withdrawal to approach the authority as indicated above, the Court has not expressed any opinion on merit with regard to any of the contention and as and when, such request is made for expeditious disposal of pending issue before the Sub-Divisional Committee, it is expected that the SubDivisional Committee shall look into the issue and examine and pass sensible orders in that regard.
In view of these observations, learned counsel for the petitioner under the instructions seeks permission to withdraw the petition.
Permission, as sought for, is granted. The present petition stands disposed of as withdrawn. Notice is discharged.
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C/SCA/11453/2020 ORDER
(ASHUTOSH J. SHASTRI, J)
NAIR SMITA V.
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1 issue framed by the court
Whether the Court should admit and decide the writ petition concerning land regularization pending before a Sub-Divisional Committee.
1 provisions across 1 enactments
Dipsinghbhai Bhavanbhai Chauhan
State of Gujarat
Ashutosh J. Shastri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
