Disposed

Rafikbhai Nurmohammed Junakiya v. Collector Shri

Gujarat HC22 Mar 2021SCA/5100/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat orally disposed of a Special Civil Application regarding an undecided administrative representation. The court directed the competent authority (Talo Development Officer) to decide the petitioners representation within twelve weeks.

What did the court decide?

Directed respondent No. 3 to decide the representation within 12 weeks. Allowed withdrawal of the petition.

Rafikbhai Nurmohammed Junakiya Vs Collector Shri — Writ and Judicial Review | Gujarat HC (2021)

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C/SCA/5100/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 5100 of 2021

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================================================== RAFIKBHAI NURMOHAMMED JUNAKIYA

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Versus COLLECTOR SHRI

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

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Appearance:

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A R KADRI(7330) for the Petitioner(s) No. 1 for the Respondent(s) No. 1,2,3,4,5

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================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

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Date : 22/03/2021 ORAL ORDER

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Heard learned advocate Mr.A.R.Kadri appearing for the petitioner and learned Assistant Government Pleader Ms.Nidhi Vyas for the respondent-State through video conference.

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At the outset, learned advocate Mr.A.R.Kadri has drawn the attention of this Court to the representation made by the petitioner, which is produced at Annexure-A to this petition. The representation dated 15.01.2021 has been sent to the respondents by way of RPAD.

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Learned advocate Mr. Kadri has submitted that the aforesaid representation has remained undecided by the respondents, more particularly, the respondent No.-3 Taluka Development Officer, Palanpur, District Banaskantha. According to learned advocate Mr. Kadri, learned advocate, the respondent No. 3 is the competent authority to decide the representation of the petitioner.

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Learned advocate Mr.Kadri further submitted that if the directions are issued to respondent No. 3 to decide the representation dated 15.01.2021 made by the petitioner, in that case, the petitioner would not pursue this petition, at this stage and wait till the representation is decided.

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Page 1 of 2

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C/SCA/5100/2021 ORDER

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In view of the aforesaid submission, the respondent No. 3 is directed to decide the representation made by the petitioner on 15.01.2021, which is produced at Annexure-A to this petition and which is being served upon the respondent No. 3 through RPAD preferably within a period of 12 (twelve) weeks' from the date of receipt of the representation strictly in accordance with law.

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The petitioner is at liberty to produce any other material before respondent No. 3 in case, the petitioner wishes to produce the same within a period of 02 (two) weeks' from today and the respondent No. 3 shall consider the material that the petitioner may produce along with the representation.

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In view of the aforesaid submission, learned advocate Mr. Kadri seeks permission to withdraw the present petition at this stage with a view to wait till the representation is decided by the respondent No. 3.

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This Court has not gone into the merits of the petition and the respondent No. 3 shall not be influenced by the fact that the petition is withdrawn by the petitioner and the representation may be decided in accordance with the law by the respondent authority.

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Petition stands disposed of as withdrawn.

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Sd/- (NIRZAR S. DESAI,J)

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VISHAL MISHRA

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Rafikbhai Nurmohammed Junakiya v. Collector Shri

Case brief

What is this about?

What did the court decide?

Rafikbhai Nurmohammed Junakiya v. Collector Shri

Case brief

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What did the court decide?

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