This petition, under Article 226 of the Constitution of India, has been filed with the following prayers:-
"a. This Hon'ble Court may be pleased to admit and allow the present petition;
b. Be pleased to issue writ or certiorari or any other appropriate writ, order or direction interalia quashing the impugned notice dated 6-1-12 by the respondents;
c. Be pleased to stay the operation, implementation and execution of the impugned notice during the pendency of the said petition;
d. Since, the present petition is required to be filed due to arbitrariness on the part of the respondents special exemplary cost may kindly be awarded.
e. Be pleased to grant other and further reliefs as the nature and circumstances of the case may call for."
The grievance of the petitioner is that the Commencement Certificate issued to the petitioner has been cancelled by impugned communication dated 06.01.2012, issued by the Deputy Estate Officer.
Ms.Hiral Trivedi, learned advocate for the petitioners, has invoked the provisions of Section 33 of the Gujarat Town Planning and Urban Development Act, 1979, and has submitted that the petitioners have not been heard before the impugned communication has been issued. It is further submitted that the interest of justice would be met, if the petitioners are permitted to approach respondent No.5, who may be directed to hear the petitioners and pass an appropriate order within a stipulated period of time.
Upon the above statements being made by the learned advocate for the petitioners, the following order is passed:
The petitioners are at liberty to approach the Deputy Municipal Commissioner, Ahmedabad Municipal Corporation, Estate Department, West Zone, (respondent No.5), by filing representation within fifteen days from today. In the event that representation is filed within the stipulated period of time, respondent No.5 shall consider and decide the same, after granting a personal opportunity of hearing, in accordance with law, within a period of one month from the date of hearing.
The petition is disposed of in the above terms, without entering into the merits of the case.
Direct Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top