(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. It is submitted by learned counsel Mr.Ankur Oza that in similar matters involving similar issues interim relief has been granted by way of staying the demand of property tax to be paid by the respondents on condition that the petitioners would deposit 50% of the amount demanded within a period of 15 days and give security by way of bank guarantee for the balance 50% within the same period. He relied upon order dated 30.3.2012 in Special Civil Application No.4084 of 2012. It is further submitted that, by a subsequent order dated 28.9.2012 interim relief granted in a group of matters involving the same issue including Special Civil Application No.4084 of 2012 has been ordered to be extended till further orders. Next date of hearing for the aforesaid group of matters is fixed on 7th December 2012, according to the submission. Learned counsel, however, submitted that in the facts of the present case, subject to fulfillment of condition for granting interim relief seals applied by the respondent on the premises of the petitioner are required to be opened for preventing unnecessary and irreparable loss.
2. In the facts and circumstances, the petition is admitted and notice of rule is waived by learned AGP, who appears on advance copy for respondent no.1. Rule returnable on 7th December 2012 shall be issued for respondent nos.2 and 3. By way of ad-interim relief, it is directed that respondent nos.2 and 3 shall remove the seals applied by them on the mobile towers installed by the petitioner at New York Tower, Thaltej, Ahmedabad, and shall not disconnect supply of water, drainage and sewage facilities to the building on condition that the petitioner shall deposit with respondent no.2, 50% of the amount demanded from them within a period of 15 days from today and shall give security by way of bank guarantee for balance 50% to respondent no.2 within a period of one month. Direct service is permitted today.
(D.H.Waghela, J.) (Z.K.Saiyed, J.) *malek