Dismissed

Baldevji Babaji Thakor v. the Secretary

Gujarat HC19 Mar 2021SCA/14000/2020

Case brief

AI extract

What is this about?

Petitioner sought withdrawal of SCA to file a fresh application under Section 67-A of TP Act to the State Government committee. Court granted withdrawal, directed committee to decide within six months, and clarified that withdrawal does not bar subsequent consideration and merits remain open.

What did the court decide?

Permission to withdraw petition granted; Committee directed to decide new application within six months.

Baldevji Babaji Thakor Vs the Secretary — Public Procurement and Tenders | Gujarat HC (2021)

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C/SCA/14000/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 14000 of 2020

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BALDEVJI BABAJI THAKOR

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Versus

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THE SECRETARY

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Appearance:

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MR HN BRAHMBHATT(200) for the Petitioner(s) No. 1,2,3,4 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the Respondent(s) No. 1

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NOTICE SERVED BY DS(5) for the Respondent(s) No. 2,3

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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 19/03/2021 ORAL ORDER

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Mr. H. N. Bhrambhatt, learned advocate for the petitioners submits that the petitioners have instructed to withdraw this petition with a view to make a fresh application under Section 67-A of the Gujarat Town Planning and Urban Development Act, 1976 (For short “the TP Act”) to the Committee constituted by the State Government for redressel of their grievance.

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Mr. H. N. Bhrambhatt, learned advocate further submits that some direction may be issued to the committee to decide the application that the petitioners may make as early as possible.

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Ms. Jyoti Bhatt, learned AGP does not object to the aforesaid request and submits that as and when fresh application under Section 67-A of the TP Act is made by the

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Page 1 of 2

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C/SCA/14000/2020 ORDER

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petitioners, the committee constituted by the State Government under the provisions of Section 67-A of the TP Act will consider the same in accordance with law.

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In view of the above submissions, permission to withdraw this petition, as prayed for, is granted.

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In case if the petitioners make a fresh application under Section 67-A of the TP Act to the committee constituted by the State Government, in that case, the committee constituted by the State Government is directed to decide the said application preferably within a period of six months from the date of receipt of such application strictly in accordance with law.

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It is clarified that withdrawal of this petition would not come in way of the petitioners while considering the petitioners' application by the committee constituted by the State Government under Section 67-A of the TP Act.

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It is also clarified that this Court has not gone into the merits of the matter and rights and contentions of all the parties are kept open.

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With the aforesaid direction, present petition is disposed of as withdrawn. Direct service is permitted.

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(NIRZAR S. DESAI,J)

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ila

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Baldevji Babaji Thakor v. the Secretary

Case brief

What is this about?

What did the court decide?

Baldevji Babaji Thakor v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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