Rameshchandra And Company ... vs State Of Gujarat
2021 Latest Caselaw 5489 Guj

               C/SCA/7465/2021                            ORDER



                IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
                 R/SPECIALCIVILAPPLICATIONNO. 7465of 2021
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   RAMESHCHANDRAANDCOMPANYTHROUGHVINODCHANDRAV. KANKHARA
                          Versus
                     STATEOF GUJARAT
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Appearance:
MRMAHESH TAKHTANI WITH MR.DARSHAN A. DAVE(7921)for the Petitioner(s)No. 1
for the Respondent(s)No. 2,3
ADVANCECOPYSERVEDTO GOVERNMENTPLEADER/PP(99)for the Respondent(s)No.
1
MRDHAWANJAYSWAL,AGP,for the RespondentNo.1
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
                    Date: 13/05/2021
                     ORALORDER

Heard learned advocate Mr.Mahesh Takhtani for the petitioner and learned AGP Mr.Dhawan Jayswal for the respondent-State.

It is stated by the learned advocate for the petitioner that the petitioner is aggrieved by the judgment and order dated 29.04.2021 passed by the appellate authority directing eviction under the Gujarat Public Premises (Eviction of Unauthorized Occupants) Act, 1972 in Regular Civil Appeal No.66 of 2015 and also order dated 31.08.2015 passed in Eviction Remand (ER) Case No.1 of 2014 by the respondent no.2 i.e. the competent officer at Annexure-B.

The proceedings came to be initiated against the petitioner by issuance of show cause notice dated 01.11.2014. It is stated that the petitioner appeared before the authorities and both the authorities i.e. competent authority and appellate authority concurrently have held against the petitioner.

Learned AGP Mr.Dhawan Jayswal, upon instructions, has stated that after the learned District Judge, Jamnagar has refused to grant extension of stay in the judgment and order dated 29.04.2021 passed

C/SCA/7465/2021 ORDER

below Exh.32 application, the authority has taken possession of the premises by drawing panchrojkam and handed over possession to the M.P.Shah Medical College, Jamnagar and at present, the premises is being used for Flu OPD.

Let Notice be issued making it returnable on 16.06.2021.

Learned AGP Mr.Dhawan Jayswal waives service of notice for the respondent-State.

Direct service permitted.

(VAIBHAVI D. NANAVATI,J) ABHISHEK