Dismissed

Ayesha Rusi Modi D/O Late Ruti Rusi Modi Wd/O Late Rusi Modi S/O Shreyaji Modi v. State of Gujarat

Gujarat HC23 Mar 2021SCA/12770/2020

Case brief

AI extract

What is this about?

The Court directed the petitioner to submit a fresh representation to the concerned respondent. The petition was disposed of as not pressed, with merits kept open and no direction given regarding the finality of the subsequent representation.

What did the court decide?

Direction to petitioner to submit fresh representation; corresponding direction to respondent no.3 to decide it within twelve weeks.

Ayesha Rusi Modi D/O Late Ruti Rusi Modi Wd/O Late… — Writ and Judicial Review | Gujarat HC (2021)

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C/SCA/12770/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 12770 of 2020

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AYESHA RUSI MODI D/O LATE RUTI RUSI MODI WD/O LATE RUSI MODI S/O SHREYAJI MODI

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Versus STATE OF GUJARAT

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Appearance:

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MAYANK K TRIVEDI(7906) for the Petitioner(s) No. 1 MR KK TRIVEDI(934) for the Petitioner(s) No. 1 MS JYOTI BHATT, AGP (99) for the Respondent(s) No. 1, 2, 3 NOTICE SERVED(4) for the Respondent(s) No. 1,2,3,4,5,6

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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 23/03/2021

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ORAL ORDER

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Heard Mr. K. K. Trivedi, learned advocate for the petitioner and Ms. Jyoti Bhatt, learned AGP for the respondents-State authorities.

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At the outset, Mr. K. K. Trivedi, learned advocate for the petitioner submits that representation made by the petitioner dated 24/09/2020 is pending before the Town Planner, Surat and at this stage, grievance of the petitioner would get redressed in case if the aforesaid representation is directed to be decided.

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Ms. Jyoti Bhatt, learned AGP points out that the aforesaid application is addressed to the Town Planner, SUDA, Surat and in fact the petitioner is required to make representation to respondent no.3 herein for redressel of his grievance.

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Mr. K. K. Trivedi, learned advocate readily agrees for making

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Page 1 of 2

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C/SCA/12770/2020 ORDER

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a fresh representation to respondent no.3 herein within a period of one week.

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As and when such representation is filed, respondent no.3 is directed to decide the same as early as possible preferably within a period of twelve weeks from the date of receipt of such representation and pass appropriate order in accordance with law.

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It is made clear that this Court has not gone into the merits of the matter and rights and contentions of the respective parties are kept open.

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In view of aforesaid direction, Mr. K. K. Trivedi, learned advocate for the petitioner does not press this petition at this stage.

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It is further clarified that non pressing of this petition would not be seen by the concerned authority as if the Court was not inclined to entertain the petition on merits and the concerned authority is directed to decide the representation that the petitioner may make without being influenced by the fact that the petition is not pressed.

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Present petition stands disposed of as not pressed.

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Direct service is permitted.

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(NIRZAR S. DESAI,J)

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ila

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Page 2 of 2

Ayesha Rusi Modi D/O Late Ruti Rusi Modi Wd/O Late Rusi Modi S/O Shreyaji Modi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Ayesha Rusi Modi D/O Late Ruti Rusi Modi Wd/O Late Rusi Modi S/O Shreyaji Modi v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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