Ilyas Muhammad Bhaijamal vs State Of Gujarat
2021 Latest Caselaw 10217 Guj

    C/SCA/8559/2021                                 ORDER DATED: 31/07/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 8559 of 2021

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                      ILYAS MUHAMMAD BHAIJAMAL
                                 Versus
                           STATE OF GUJARAT
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Appearance:
UMARFARUK M KHARADI(8155) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 2
MR.H.D.MEHTA, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                             Date : 31/07/2021

                               ORAL ORDER

1. This petition is filed under Article 226 of the Constitution of India with the following prayers:-

(A) Your Lordship may be pleased to Admit and allow this petition;

(B) Your Lordship may be pleased to issue a writ or mandamus or Certiorari or writ in the nature of mandamus or Certiorari or any other appropriate writ, order or direction quashing and setting aside the impugned Order dated 21.01.1995 pased by the respondent No.2 and further be pleased to direct the Respondent Authorities to consider petitioners claim over land bearing survey No.741/1, 741/3 and 743/2 situated at Godhra Kasba in the interest of justice.

2. At the outset, learned advocate for the petitioners has submitted that in the judgment and order dated 27.02.2015, the 3 rd Additional Senior Civil Judge, Godhara has recorded findings with regards to the status of the applicant which the applicant has challenged in First Appeal and which is pending. Therefore, at this stage, learned advocate for the petitioners seeks permission to withdraw the

C/SCA/8559/2021 ORDER DATED: 31/07/2021

petition with a liberty to file a fresh application before the concerned authorities, upon the final decision in the appeal preferred by the petitioners.

3. Permission is granted. This petition stands disposed of as withdrawn with the aforesaid liberty.

4. This Court has not entered into the merits of the matter.

(A.Y. KOGJE, J) VARSHA DESAI