1. Heard Mr. R.M.Parmar, learned Advocate for the petitioner and Ms. Nisha Thakore, learned Assistant Government Pleader for the respondents.
2. The petitioner by way of this petition, has interalia prayed for the following reliefs :
"(A) Your Lordships may be pleased to allow and admit this petition.
(B) Your Lordships may be pleased to issue writ, order or direction such as the writ of mandamus or certiorari, thereby directing the respondent no. 2 to implement the order of this Hon'ble Court dt. 17/11/2003 (Annex.A).
(C) Your Lordship be pleased to necessary grant status qua by both the parties, pending hearing and final disposal of this petition.
(D) Your Lordship be pleased to issue writ, order or direction, such as the writ of mandamus or certiorari, thereby directing the respondent authorities to compensate the petitioner for the lost of business caused to them due to their premature and unlawful action, without acceding to due process of law, in alternative.
(E) Any other and further relief may kindly be granted in the interest of justice".
3. Mr.
Parmar, learned Advocate for the petitioner has vehemently submitted that after the order was passed by the Division Bench in Special Civil Application No. 16011 of 2003 and Special Civil Application No. 16057 of 2003, the petitioner had made representation, however, the same is not considered.
4. In response to the aforesaid contention, under instructions, Ms. Nisha Thakore, learned Assistant Government Pleader states that no such representation is filed.
5. Mr.
Parmar, learned Advocate for the petitioner submitted that the petitioner and similarly situated persons have their dwelling on the land in question and therefore the petitioner desires to file representation. If any such representation is filed within a period of four weeks from today, the respondent authority shall consider the same in accordance with law, considering the fact that even earlier the Division Bench of this Court had issued such direction.
6. With this observation, the petition is disposed of. Notice discharged with no order as to costs.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top