Vinod Mohanlal Vidhani vs State Of Gujarat
2023 Latest Caselaw 4061 Guj

     C/LPA/682/2023                            ORDER DATED: 05/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO.682 of 2023
           In R/SPECIAL CIVIL APPLICATION NO.10499 of 2022
                                 With
               CIVIL APPLICATION (FOR STAY) NO.1 of 2023
              In R/LETTERS PATENT APPEAL NO.682 of 2023
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                      VINOD MOHANLAL VIDHANI
                               Versus
                         STATE OF GUJARAT
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Appearance :
MS.DILBUR CONTRACTOR for the Appellant.
for the Respondent Nos.1,2,3
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 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A. J. DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                     Date : 05/06/2023
                      ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR.

JUSTICE A. J. DESAI)

1. By way of the present appeal under Clause 15 of the Letters Patent, the appellant - original petitioner has challenged the judgment and order dated 24.1.2023 passed by learned Single Judge in the captioned writ petition by which learned Single Judge has disposed of the writ petition by issuing certain directions.

2. We have heard learned advocate appearing for the appellant. We do not find any substance in the present appeal in view of the directions issued by learned Single Judge in paragraph 4 of the impugned order which reads as under :-

"4. Considering the fact that the allegations

C/LPA/682/2023 ORDER DATED: 05/06/2023

levelled by the petitioner is that the encroacher happens to be employees of Vadodara Municipal Corporation. Usually the Court in such kind of petition restrains itself from directing the designated authority to decide the application within some time frame but just to ensure that authority may not keep the application pending only because encroacher happens to be employees of Vadodara Municipal Corporation as alleged by the Ms.Contractor, the designated authority, which is usually Municipal Commissioner Vadodara is directed to decide the application of the encroacher as early as possible preferably within a period of six months from the date of their application. Those encroachers are not party to this petition and therefore, the Vadodara Municipal Corporation may communicate this order to each of the alleged encroacher within a period of 15 days from the date of receipt of this order."

3. Hence the present appeal stands dismissed. Connected application also stands dismissed.

(A. J. DESAI, ACJ)

(BIREN VAISHNAV, J)

SAVARIYA