RUPAL RUPESHBHAI PATEL & 1 - Appellant(s) Versus THE DEPUTY ESTATE OFFICER - Respondent(s) ====================================== Appearance :
MR YN OZA, Sr.Advocate with MR RAJESH K SAVJANI for Appellant(s) : 1 - 2.
None for Respondent(s) : 1, ====================================== CORAM :
HONOURABLE THE CHIEF JUSTICE Y.R.MEENA and HONOURABLE MR.JUSTICE J.C.UPADHYAYA Date : 26/06/2008 ORAL COMMON ORDER Learned Senior Counsel Mr.Oza for the appellant submits that the facts of this case and the facts in the case of Jayendrabhai Amarsibhai Patel V/s. Deputy Estate Officer in LPA No.609 and 610/2008, are similar. In that case (Jayendrabhai) the order was passed by this Court, to remove the seal of the premises of petitioner-appellant, immediately. He further submits that in a similar case i.e. Hitesh A.Sarvaiya V/s. Deputy Estate Officer in Special Civil Appln.No.8191 of 2008, notice was issued and interim relief was also granted by the learned Single Judge. Now, in this petition, the same relief was prayed for, and the learned Single Judge has only issued notice.
Considering the submissions made, issue notice to the respondents returnable by 14.07.2008.
The respondents are further directed that since the plan is sanctioned and building use permission is also obtained from the Authority, the seal be removed immediately.
List it on 14.07.2008. Direct service is permitted.
If the notice is not served, the interim relief granted shall stand vacated.
(Y.R.
Meena, C.J.) (J.C.
Upadhyaya, J.) binoy Top