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Judgment
Sangeeta K. Vishen, J
Mr H. M. Parikh, learned senior counsel appearing with Mr Hemang H. Parikh, learned advocate for the petitioners submitted that the notice dated 27.03.2023 has been issued by the Assistant Estate Officer (North Zone), requiring the petitioners to lodge their objections.
Mr Prashant G. Desai, learned senior counsel appearing with Mr Deep D. Vyas, learned advocate for the respondent no.1 submitted that the proceeding, is at the stage of notice only. It is submitted that after hearing the petitioners that the final order shall be passed in view of the position settled by the Apex Court in the case of Babulal & Co. and others v. State of Gujarat and others reported in (1985) 2 SCC 732 wherein, the Apex Court has held and observed that the local Authority is a judicial power which implies that the same has to be exercised after observing the principles of natural justice, that is to say that decision that the occupants are not entitled to occupy the plots has to be arrived at after hearing such occupants and that too by passing a speaking order which implies giving of reasons and that ensures the application of mind to only germane or relevant material on the record eschewing extraneous and irrelevant. It is next submitted that after hearing the petitioners that the speaking order shall be passed.
In view of the said statement made by Mr Prashant G. Desai, learned senior counsel, Mr H. M. Parikh, learned senior counsel does not press captioned writ petition at this stage.
Petition is disposed of as not pressed. No order as to costs. Direct service is permitted.