Gujarat High Court
Saeed Vilayatkhan Pathan vs Competent Authority on 7 October, 2021
Bench: Sangeeta K. Vishen
C/SCA/13652/2021 ORDER DATED: 07/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13652 of 2021
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SAEED VILAYATKHAN PATHAN
Versus
COMPETENT AUTHORITY
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Appearance:
MR DAIFRAZ HAVEWALLA(3982) for the Petitioner(s) No. 1,2,3,4,5,6,7,8,9
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 07/10/2021
ORAL ORDER
1. Mr. Kaushal Pandya, learned Advocate, has stated that he has
instructions to appear for the respondent-Corporation.
2. Mr.Pandya, learned Advocate, has submitted that this Court,
vide order dated 23.09.2021, has directed the parties to maintain
the status quo as on the date of the order. While inviting the
attention to the order dated 25.02.2021, passed by this Court in
Special Civil Application No. 3396 of 2021, it is submitted that
while disposing of the writ petition, liberty was reserved in favour
of the petitioners to pursue the representation and/ or file a fresh
representation before the authorities for alternative
accommodation with a further direction to the respondent-
Corporation to consider the same within a period of four weeks. It
is further submitted that the proceedings before the 11 th Additional
District Judge, being Misc. Civil Appeal No. 08 of 2021, the learned
Judge has stayed the judgment dated 11.08.2021 for a period of
four weeks, only for the purpose of compliance of the order dated
25.02.2021 passed by this Court in Special Civil Application No.
3396 of 2021. It is therefore submitted that pursuant to the orders
C/SCA/13652/2021 ORDER DATED: 07/10/2021
passed by this Court so also the order dated 11.08.2021, the
Corporation, has required the petitioners to remain present for the
purpose of taking a decision on the representations made by the
petitioners. However, since this Court has granted the status quo,
the respondent-Corporation would not be in a position to decide the
same. It is therefore submitted that let the order dated 23.09.2021,
be clarified to a limited extent that the petitioners shall remain
present before the respondent-Corporation and it would be open to
the Corporation to take decision on the representation for the
purpose of providing alternative accommodation, in accordance
with law.
3. Mr. Daifraz Havewalla, learned Advocate, appearing for the
petitioners has stated that the petitioners shall remain present
before the respondent-Corporation as and when the date is
communicated to them.
4. In view of the above arrangement, it is clarified that it will be
open for the respondent-Corporation, to take decision on the
representation, if any, by the petitioners, in accordance with law.
5. At the request of learned Advocate Mr. Pandya, let the matter
appear on 29.10.2021. Interim relief granted earlier to continue till
then.
(SANGEETA K. VISHEN,J)
SINDHU NAIR
