1. This petition has been preferred under Article-226 of the Constitution of India, with the following prayers:-
(A) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction, directing the respondent authority to consider the various representations including dated 10.12.2009 submitted by the petitioner society and take a decision to forward a proposal to the State Government to vary, modify and or substitute the TPS no.4 of Vejalpur, by exercising power u/s. 70 and 71 of the Act, in the interest of justice and equity;
(B) YOUR LORDSHIPS be pleased to direct the respondent authority to take a decision on the pending representation of the petitioner annexed at Annexure 'B' to this petition, for the allotment of land in the final plot of the society in lieu of their actual holding 5351 sq. mtr., after giving a reasonable opportunity of hearing to the petitioner and communicate the decision to the petitioner, pending hearing and final disposal of this petition;
(C) YOUR LORDSHIPS be pleased to restrain the respondent authorities from implementing the TP Scheme No.4 of Vejalpur which is sanctioned vide notification dtd. 25.01.2010, pending the decision on the representation dtd. 10.12.2009 submitted by the petitioner society and also pending hearing, admission and final disposal of the present petition in the interest of justice and equity;
(D) YOUR LORDSHIPS be pleased to grant such other and furhter reliefs as may be deemed fit and proper by this Hon'ble Court in the interest of justice;
2. At the very outset, Mr. Asit B. Joshi, leaned counsel for the petitioner submits that the interest of justice would be met, if the Chief Executive Officer, ADUA (respondent No.3) is directed to consider and decide the representation of the petitioner dated 10th December, 2009, in accordance with law, and in that eventuality, the petitioner would not be desirous of pursuing the petition.
3. Upon the above statement being made by the learned counsel for the petitioner, the following order is passed:-
The Chief Executive Officer, ADUA (respondent No.3)shall consider and decide the representation dated 10th December, 2009 of the petitioner, as expeditiously as possible, and preferably within a period of 03 (three) months from the date of receipt of the order, in accordance with law.
4. At this stage, Mr.Asit B. Joshi, learned counsel for the petitioner prays that he may be permitted to withdraw the petition.
Permission to do so, is granted. The petition is disposed of, as withdrawn.
(Smt.
Abhilasha Kumari, J.) Safir* Top