Hardikkumar Kanubhai Shah vs State Of Gujarat
2021 Latest Caselaw 4930 Guj

              C/SCA/5279/2021                            ORDER



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO. 5279 of 2021
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                     HARDIKKUMAR KANUBHAI SHAH
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR HR PRAJAPATI(674) for the Petitioner(s) No. 1
MS NISHKA H PRAJAPATI(10717) for the Petitioner(s) No. 1
for the Respondent(s) No. 10,11,2,4,5,6,7,8,9
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
MR HARIBHAI J PATEL(9810) for the Respondent(s) No. 3
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 CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                Date : 31/03/2021
                                  ORAL ORDER

1. On 26.03.2021, this Court has passed the following order:-

"Heard learned advocate Mr. H. R. Prajapati for the petitioner, learned AGP Ms. Nidhi Vyas for respondent No.1 and learned advocate Mr. Dipak Sanchela for learned advocate Mr. Haribhai J. Patel for respondent No.3.

Put up for orders on 01.04.2021."

2. Thereafter, learned advocate Mr.Prajapati made a mention yesterday i.e.30.03.2021 for preponing the matter for the purpose of withdrawal and accordingly the matter is listed today.

3. Heard learned advocate Mr.H.R.Prajapati for the petitioner and learned Assistant Government Pleader for the respondent No. 1 and learned advocate Mr. Haribhai Patel for the

C/SCA/5279/2021 ORDER

respondent No. 3 through video conference.

4. Learned advocate Mr. H.R.Prajapati under the instructions of his client seeks permission to withdraw this petition with a view to avail the remedy of participating in hearing before the Regional Commissioner of Municipalities, (Ahmedabad Zone). According to learned advocate Mr. Prajapati, at this stage, the petitioner does not want to press this petition as the matter is pending before the Regional Commissioner of Municipalities, (Ahmedabad Zone) pursuant to the show-cause notice issued by him dated 08.03.2021 and the petitioner intends to participate in the said proceedings by filing reply and citing certain judgments before the authority. However, learned advocate Mr.Prajapati also submits that he has already made an application for providing him certain documents. The aforesaid documents are not provided to the petitioner till date and though the aforesaid documents are not provided, the authority is insisting for hearing of the show-cause notice even without those documents.

5. Learned advocate Mr. Prajapati requests for appropriate direction in respect of his aforesaid grievances. As far as the learned Assistant Government Pleader Ms.Nidhi Vyas or learned advocate Mr. Haribhai Patel for the respondent No.3 are concerned, they do not have any objection, if the present petition is withdrawn without entering into the merits of the petition but both of them submit that the petitioner may be directed to cooperate before the Regional Commissioner of Municipalities (Ahmedabad Zone).

6. Considering the aforesaid request, the Regional Commissioner of Municipalities (Ahmedabad Zone) is directed to first decide

C/SCA/5279/2021 ORDER

the application in respect of providing necessary documents preferred by the petitioner and thereafter only hear the petitioner in respect of show-cause notice dated 08.03.2021.

7. Since the matter is coming up for hearing tomorrow i.e. 01.04.2021, the Regional Commissioner of Municipalities (Ahmedabad Zone) is directed to consider the application for adjournment that the petitioner may tender tomorrow in accordance with law and shall grant some reasonable time to petitioner to file a detailed affidavit alongwith the list of authorities and the copies of the same that the petitioner is relying upon.

8. In view of the aforesaid observations, learned advocate Mr.Prajapati seeks permission to withdraw the present petition.

9. Petition stands disposed of as not pressed. It is clarified that this Court has not gone into the merits of the matter.

Direct service today is permitted.

Sd/-

(NIRZAR S. DESAI,J) VISHAL MISHRA