High CourtsSingle Bench(2021) 03 GUJ CK 0097

Baldevji Babaji Thakor vs Secretary

Gujarat High Court · Decided on 19 March 2021

HON’BLE JUDGES
Nirzar S. Desai, J
RESULT
Disposed Of
CASE NUMBER
R/Special Civil Application No. 14000 Of 2020

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Judgment

9 paragraphs · 304 words

Nirzar S. Desai, J

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.

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.

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 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.

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

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.

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.

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.

With the aforesaid direction, present petition is disposed of as withdrawn.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