As the matter was mentioned before the Hon'ble the Acting Chief Justice and the same was permitted to be circulated today for admission at 2:30 p.m., the matter is listed accordingly.
Heard Mr.B.M.Mangukiya, learned advocate for the petitioner. NOTICE returnable on 08.08.2012. In the meanwhile, proceedings before respondent No.2-Director of Municipalities, in pursuance to the show cause notice dated 17.05.2012, shall not be proceeded further.
Ms.Asmita Patel, learned Assistant Government Pleader appearing for the respondent authorities on advance copy, states, on instructions of District Collector, Surendranagar, that hearing is already done on 17.07.2012.
Considering the aforesaid statement and as pointed out in the petition, it appears from the contents of the petition that proceedings are pending before the State Government under Section 6B of the the Gujarat Town Planning and Urban Development Act, 1976 relating to the same issue. It also appears that issue pending before the State Government as aforesaid has direct co-relation with the impugned show cause notice. Hence, even if the hearing is concluded, no final order shall be passed till 08.08.2012.
Direct service today is permitted. It would be open for the petitioner to serve copy of this order by fax.
Office is directed to provide a copy of this order to the learned Assistant Government Pleader for compliance.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh*