1. Heard Mr. Nirad D. Buch, learned Counsel for the petitioners and Mr. H.S.Munshaw, learned Counsel for the respondent-Panchayat. Though served no one appears for respondent No.1.
2. By way of this petition under Article 226 of the Constitution of India, the petitioners have interalia challenged the notice under section 104 of Panchayat Act, 1993 (for short 'the Act').
3. This Court (Coram :Hon'ble Mr. Justice S.R. Brahmbhatt) was pleased to issue notice and and granted order of status-quo as on date of the order i.e. 21.10.2011.
4. Mr. Buch, learned Advocate appearing for the petitioners, under instructions, states that as the Gujarat Regularisation of Unauthorised Development Act, 2011 has come into force the petitioners desire to approach the respondent authorities under the relevant provisions of the Act and hence, does not press this petition, at this stage. However, it would be open for the petitioners to approach the respondent authorities and file appropriate application before the competent authority under the provisions of Gujarat Regularisation of Unauthorised Development Act, 2011.
5. It is, however, made clear that this Court has not expressed any opinion on merits of the matter and it would be open for the competent authority to examine such application in accordance with law under the provisions of Gujarat Regularisation of Unauthorised Development Act, 2011, without being influenced by the present order.
6. With this observation, the petition is disposed of as withdrawn, at this stage. Order of status-quo granted earlier stands vacated. Notice discharged with no order as to costs.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top