1. Leave to amend the cause-title so as to delete the name of respondent No.3 and implead the Commissioner, Ahmedabad Municipal Corporation by designation only, is granted. The necessary amendment be carried out, forthwith.
2. This petition, under Articles 226 and 227 of the Constitution of India, has been preferred, with the following prayers:
"(A) That Your Lordships be pleased to admit this petition.
(B) That Your Lordships further be pleased to issue a writ of mandamus upon Respondent No.2 to 4 by passing appropriate directions upon them and/or their servants, agents etc to take suitable actions of removal of encroachments made upon survey No.306 admeasuring about 8438 sq. yards and survey No.325 admeasuring about 10881 sq. yards situated nearby old Maheshwari Mill, Shahibaug, Ahmedabad upon petitioners' representation dated 27.09.2011 at Annexure-F made to Respondent No.3 and 4 respectively which has been made by the petitioners on the strength of this Hon'ble Court's judgment and order dated 30.10.2007 passed in Company Application No.534 of 2006 in Company Petition No.221 of 2001 at Annexure-B on any suitable terms and conditions, which may be deemed fit, just and proper to this Hon'ble Court.
(C) Pending admission and final disposal of this petition, Your Lordships further be pleased to pass suitable directions upon Respondent No.2 to 41 to take appropriate action for removal of encroachments made upon the petitioners name bearing survey No.306 admeasuring 8438 sq. yards and survey No.325 admeasuring 10881 sq. yards situated at and nearby Old Maheshwari Mill, Shahibaug, Ahmedabad on any suitable terms and conditions which may be deemed fit, just and proper to this Hon'ble Court.
(D) Pending hearing and final disposal of this petition, Your Lordships further be pleased to call for the status report and/or action taken report with regard to petitioner's representation dated 27.09.2011 at Annexure-F for the purpose of kind perusal of this Hon'ble Court and after seeking such status report and/or action taken report from Respondent No.3 and 4 by this Hon'ble Court appropraite directions for such removal of encroachments may please be passed upon them in accordance with law an in the interest of justice, equity and fair play.
(E) Such other and further relief as may be deemed fit and expedient in view of the facts and circumstances of the case may be granted."
3. Notice was issued on 11.01.2012. When the matter is taken up, today, Mr.K.G. Pandit, learned advocate for the petitioners, states that the interest of justice would be met, if respondent No.3 is directed to consider and decide the representation dated 27.09.2011 (Annexure-E to the petition) made by the petitioners, within a time-bound period.
4. Upon the above statement being made by the learned advocate for the petitioners, the following order is passed:
Respondent No.3 - Commissioner, Ahmedabad Municipal Corporation shall consider and decide the representation dated 27.09.2011 made by the petitioners, in accordance with law, within a period of three months from the date of receipt of a copy of this order.
5. The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct Service of this order for respondent No.3, is permitted.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top