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Judgment
A.G.Uraizee, J
Mr. Mahesh Bhavsar, learned advocate for the petitioners submits that the petitioners may be permitted to withdraw present petition with a liberty to prefer injunction application in the Civil Court, Vav, where Civil Suit No.19 of 2015 instituted by the petitioners is pending as also the Appeal Committee, District: Banaskantha, for appropriate orders / directions to respondent No.2.
Ms. Jyoti Bhatt, learned AGP strongly submits that in view of the decisions in the case of Special Director and Another Vs. Mhd. Ghulam Ghouse and Another reported in 2004(3) SCC 440 (paras 3 and 5) and in the case of Executive Engineer, Bihar State Housing Board Vs. Ramesh Kumar Singh and Ors. reported in 1996(1) SCC 327 (paras 2, 10 and 11), the petition preferred by the petitioners is not maintainable against the impugned notices and, therefore, the petitioners may not be protected to enable them to approach the Civil Court or the Appeal Committee, Banaskantha, for any relief
The submissions of Ms. Jyoti Bhatt, learned AGP, cannot accepted. It appears that the respondent No.2 has not done anything so far except giving notices dated 01.01.2020 and 08.01.2020. Moreover, the impugned notices are not the show cause notice as by the impugned notices, the petitioners are called upon to remove the encroachment or else action under Section 105(1) of the Gujarat Panchayats Act, is proposed to be taken. Hence, I am of the view that when the matter is at large before the Civil Court, Vav, it would be apposite to permit the petitioners to withdraw this petition with a liberty to approach the Civil Court, Vav and Appeal Committee, Banaskantha with appropriate applications for appropriate reliefs in accordance with law. Hence, permission as prayed for is granted. The petitioners are permitted to withdraw present petition with a liberty to approach the Civil Court, Vav and Appeal Committee, Banaskantha, with appropriate applications for appropriate relief.
Mr. Bhavsar, learned advocate for the petitioners submits that the petitioners shall approach the Civil Court, Vav, latest by 17.01.2020 with necessary application for injunction and / or the Appeal Committee. The learned Principal Civil Judge, Vav and / or Appeal Committee, Banaskantha, shall decide the same in accordance with law, by 21.01.2020 after affording an opportunity of hearing to the petitioners strictly on merits on the basis of evidence / materials available on record, without being influenced by this order.
It is clarified that this Court has not expressed any opinion on merits of the case.
In the meantime, respondents are restrained from taking any coercive action.
The petition is accordingly disposed of as withdrawn.