Khemchand Devjibhai Parmar vs Gujarat Industrial Development Corporation

Ashutosh J. Shastri, J

The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs :

“A. To quashed and set aside the impugned eviction notice dated 17/08/2020 passed by the respondent No 2 (Annexure-A) in the interest of

justice.

B. To direct the respondent authorities not to disturb the possession of the disputed land of the petitioner bearing commercial Plot No.7/1 with an area

admeasuring 2500 sq. metrs., situated in GIDC Industrial Estate, formerly known as ""Autonagar, Industrial Estate"", Ranoli, Vadodara in the interest of

just

C. Pending admission and final hearing of this petition Your Lordship may be pleased to stay the implementation, execution and operation of further

process of the impugned eviction notice dated 17/08/2020 passed by the respondent No.2 (Annexure-A) in the interest of justice.

D. Any other further relief/s grantable by this Hon'ble court may kindly be granted in the interest of justice.â€​

During the course of hearing, Mr.V.D.Pargi, learned advocate for the petitioner, under the instructions, has submitted that the petitioner would like

to approach the competent authority by filing reply to the notice dated 17.8.2020 as well as detailed representation pointing out various legal

contentions and would like to make an application within some reasonable period and has requested the Court not to express any opinion on merit.

To this submission, since learned advocate has not invited the Court to express any opinion on merit, the petitioner is permitted to withdraw the

petition with a view to approach the competent authority within a period of two weeks from today for filing the reply / representation raising all

permissible contentions in accordance with law, against the impugned eviction notice dated 17.8.2020.

This Court has not expressed any opinion on merits with regard to the submissions made by the petitioner and it is independently left it open for the

respondent competent authority to consider the case of the petitioner.

As and when such reply / representation is submitted, the respondent competent authority shall consider the same in accordance with law, as

expeditiously as possible preferably within a period of 6 weeks from the ate of such submission.

With these observations and directions, the present petition stands disposed of as withdrawn.

Direct service, through electronic mode, is permitted.