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High CourtsSingle Bench(2012) 09 GUJ CK 0063

Jumabhai Bhayabhai Deraiya vs State of Gujarat and 3

Gujarat High Court · Decided on 28 September 2012

HON’BLE JUDGES
R.M. Chhaya, J
RESULT
Allowed
CASE NUMBER
Civil Application - for Orders No. 11145 of 2012

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Judgment

6 paragraphs · 309 words

Honourable Mr. Justice R.M. Chhaya

1.

RULE. Ms. Asmita Patel, learned Assistant Government Pleader appears for opponent Nos. 1 to 3, and Mr. M.B. Parikh, learned advocate appears for opponent No. 4-Municipality, waive rule on behalf of the respective opponents. This Court by order dated 27.06.2012 passed in the main matter being Special Civil Application No. 13417 of 2011 had granted an opportunity to the applicant-original petitioner to file an application before opponent No. 4-Municipality latest by 06.07.2012 and had granted time to opponent No. 4-Municipality to scrutinize the same and file an affidavit on or before 25.07.2012.

2.

By way of this application, the applicant-original petitioner contends that because of the circumstances beyond his control the applicant could not file application before opponent No. 4-Municipality.

3.

Ms. Patel, learned Assistant Government Pleader, as well as Mr. Parikh, learned advocate, appearing for the respective opponents, have no objection if some more time is granted to the applicant-original petitioner.

4.

Mr. Parikh, learned advocate, however, submits that opponent No. 4-Municipality may be granted time of about 04 (four) weeks to scrutinize and consider the application that may be filed by the applicant-original petitioner.

5.

Accordingly, as a last chance, the present application is granted. Applicant-original petitioner shall file an application as per the aforesaid order dated 27.06.2012 latest by 15.10.2012. On receipt of such application opponent No. 4-Municipality shall consider the same, as per the aforesaid order dated 27.06.2012, within a period of 04 (four) weeks from the date of filing of such application. After the said exercise is undertaken, opponent No. 4-Municipality shall file an affidavit, as per the directions issued by this Court in the aforesaid order dated 27.06.2012 in the main matter. With these observations, the application is allowed accordingly. Rule is made to the aforesaid extent. NOTICE discharged. There shall be no order as to costs.