By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction quashing and setting aside the impugned order dtd.10/9/2009 passed by the Collector, Mehsana passed in Case No.NGP/1/TP/6(b)(2)Case No.3 of 2009.
It is not in dispute that against the impugned order passed by the Collector Mehsana under sec.6B(2) of the Act a further appeal is provided before the State Government as per sub-sec.(4) of Sec.6B of the Gujarat Town Planning Act.
In view of the above, Mr.Shalin Mehta, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present petition with a liberty to file appropriate appeal before the State as provided under sec.6B(4) of the Gujarat Town Planning and Urban Development Act against the impugned order passed by the Collector, Mehsana, however has submitted that suitable observations be made directing the State Government / appellate authority to consider all the submissions to be made on behalf of the respective parties and in accordance with law and on merits, without in any way being influenced by the present order.
Mr.Mehta, learned advocate appearing on behalf of the petitioner has submitted that the petitioner shall prefer appeal before the State Government as provided under sec.6B(4) of the Act within a period of three weeks from today.
If such an appeal is preferred before the Appellate Authority / State Government within a period of three weeks from today, the State Government is directed to decide and dispose of the said appeal in accordance with law and on merits without raising any objection with respect to limitation, for which Mr.Goswami, learned advocate appearing on behalf of the original appellant has no objection.
As and when appeal is preferred by the petitioner as stated above within a period of three weeks, the appellate authority / State Government is hereby directed to consider the same in accordance with law and on merits, after giving an opportunity of being heard to all the concerned, and pass a speaking order, without in any way being influenced by the present order within a period of four months from the date of institution of the appeal before it. In the meantime and without prejudice to the rights and contentions of the respective parties in the appeal to be filed, ad-interim relief granted earlier by this Court in terms of para-8(G) & (H) is directed to be continued till final order is passed by the appellate authority.
Present petition is dismissed as withdrawn with above observations and direction. Rule is discharged. No costs.
[M.R.
SHAH, J.] rafik Top