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Kapilkunj Cooperative Housing Society Limited v. State of Gujarat

Gujarat HC18 Mar 2021SCA/4927/2021

Case brief

AI extract

What is this about?

In this special civil application, the High Court at Ahmedabad directed the Vadodara Municipal Corporation to hear interested parties and decide a pending representation filed by the petitioner society within 12 weeks, without probing the merits of the underlying dispute regarding apartment possession.

What did the court decide?

Respondent No. 2 directed to hear interested parties and decide representation dated 11.11.2020 within 12 weeks.

Kapilkunj Cooperative Housing Society Limited Vs State of… — Property and Title | Gujarat HC (2021)

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C/SCA/4927/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 4927 of 2021

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========================================================== KAPILKUNJ COOPERATIVE HOUSING SOCIETY LIMITED

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Versus STATE OF GUJARAT

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==========================================================

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Appearance:

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KAUSHAL H PATEL(9328) for the Petitioner(s) No. 1 MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1 for the Respondent(s) No. 10,11,12,2,3,4,5,6,7,8,9 MS NIDHI VYAS AGP for the Respondent(s) No. 1

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==========================================================

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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 18/03/2021

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ORAL ORDER

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Heard learned advocate Mr.S.P.Majmudar for the petitioner and learned Assistant Government Pleader Ms.Nidhi Vyas for the Respondent No.1 – State authority, through video conference.

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By way of this petition, the petitioner has prayed for following reliefs:

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“ (A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondent – Corporation to forthwith implement its notice dated 01.10.2019 (at ANNEXURE-E hereto) and to remove / pull down the apartments in question of the petitioner – Society being Kapila Kunj Society, as per the aforesaid notice dated 01.10.2019;

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(B) During pendency and final disposal of the present application, YOUR LORDSHIPS may be pleased to

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Page 1 of 3

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C/SCA/4927/2021 ORDER

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direct the respondent – Corporation to forthwith implement its notice dated 01.10.2019 (at ANNEXUREE hereto) and to remove / pull down the apartments in question of the petitioner – Society being Kapila Kunju Society as per the aforesaid notice dated 01.10.2019 and also further be pleased to direct the respondent – Corporation to decide the representation dated 11.11.2020 of the petitioner (at ANNEXURE-F hereto);

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(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;”

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At the outset, learned advocate Mr.Majmudar submits that at this stage considering the fact that the representation made by the petitioner dated 11.11.2020 is not yet decided by the Respondent No.2 – Vadodara Municipal Corporation, he confines his prayer only to the extent that Respondent No.2 be directed to hear the petitioner and decide the representation dated 11.11.2020 made by the petitioner society.

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In view of aforesaid innocuous prayer, learned Assistant Government Pleader Ms.Vyas submits that the State Government has nothing to do with the representation made by the petitioner and, therefore, if appropriate direction to decide representation in accordance with law is issued, she does not have any objection.

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In view of the aforesaid submissions, Respondent No.2 is directed to hear all interested parties in respect of representation dated 11.11.2020 made by the petitioner and to decide it within a stipulated period preferably within 12 weeks of receipt of copy of writ of this order.

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Page 2 of 3

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C/SCA/4927/2021 ORDER

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With the above observation and direction, the present petition is disposed of. It is made clarified that this Court has not gone into the merits of the matter and whatever decision that Respondent No.2 may take shall be subject to rights and contentions of all interested parties. Direct service permitted.

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(NIRZAR S. DESAI,J)

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MISHRA AMIT V.

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Page 3 of 3

Kapilkunj Cooperative Housing Society Limited v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Kapilkunj Cooperative Housing Society Limited v. State of Gujarat

Case brief

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What did the court decide?

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