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High CourtsDivision Bench(2022) 06 GUJ CK 0002

Jagdishbhai S/O Himmatbhai Chauhan vs Competent Authority And 2nd Additional Special Land Acquisition Officer

Gujarat High Court · Decided on 1 June 2022

HON’BLE JUDGES
Ashutosh J. Shastri, J · Dr. Ashokkumar C. Joshi, J
RESULT
Disposed Of
CASE NUMBER
R/Special Civil Application No. 9903 Of 2022

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Judgment

6 paragraphs · 350 words

Ashutosh J. Shastri, J

1.

When the matter is taken up for hearing, after arguing the matter for some time, learned advocate Mr.Bharat Jani, appearing for the petitioners, under the specific instructions, seeks permission to withdraw this petition and has requested the Court not to express any opinion on merits with regard to the issues involved in the present petition. This request has been made in view of the fact that the proceedings are pending before the learned Arbitrator and as such, the request for withdrawal and not expressing opinion, having not been opposed and resisted by learned Assistant Government Pleader appearing for the respondent Authority, the Court is inclined to permit withdrawal of the petition.

2.

At this stage, learned advocate Mr.Jani, appearing for the petitioners has requested that at least 24 hours’ time be granted to allow the petitioners to remove all their belongings which are lying in the premises in question and hence assured under the instructions that they shall vacate the premises without fail and handover the same peacefully without any further litigation, in this regard.

3.

This request having not been opposed by the learned Assistant Government Pleader under the instructions of Shri S.K.Raval, Mamlatdar (LAQ), Collector Office, Ahmedabad and as such, in view of this specific assurance having been given, 24 hours’ time is granted to allow the petitioners to remove their belongings from the premises, in question.

4.

It is made clear that this Court has not expressed any opinion with regard to merits, in view of the fact that the proceedings are pending before the learned Arbitrator and it has further been clarified that it would be open for the respondent Authority to proceed ahead with the demolition drive which is going on, in so far as it relates to the present petitioners, after the lapse and expiration of 24 hours’ time. It is also made clear that this time has been granted upon specific assurance, as reflected above and the same is restricted to the present petitioners only.

5.

With the above observations, the present petition is disposed of as withdrawn.