(Per : HONOURABLE MR.JUSTICE A.J. DESAI) Heard learned counsel Mr.Tejas Satta for the applicant.
By way of additional affidavit, learned counsel for the applicant has produced two orders passed by Collector, Anand under Section 258 of the Gujarat Municipalities Act, by which the property which was auctioned in some other proceedings, fetch price about Rs.1,15,000/-, confirmed the auction proceedings undertaken by the Municipality. However, in the present case of the applicant, the same Collector has held that, since the auction price is more than Rs.1,00,000/-, the Municipality has committed breach of Section 55 of the Gujarat Municipalities Act. In view of the fact that though the upset price was fixed at Rs.99,000/- i.e. below Rs.1,00,000/-, and since the similarly situated persons are treated differently, the applicant is entitled for interim relief.
Rule returnable on 03rd May, 2012. By way of ad-interim relief, the orders passed by the respondents No.1 and 2 which has been confirmed by the learned Single Judge are hereby stayed till then. Direct service is permitted.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top