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2024 Supreme(Guj) 730

SANGEETA K. VISHEN, NISHA M. THAKORE
Dineshchandra Prabhulal Shah – Appellant
Versus
Hasmukhbhai Prahladbhai Patel, Executive Engineer (Construction) – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Bhaumik Dholariya
For the Opponent : Mr SP Hasurkar

ORDER :

SANGEETA K. VISHEN, J.

By this application, the applicant, has alleged that the opponent, is guilty of willfully disobeying the statement made in the affidavit-in-reply filed in captioned Special Civil Application no.14759 of 2023 as well as the order dated 10.10.2023 passed therein. In view of the above, it would be apt at this stage to refer the order, which reads thus:-

    “Mr. S.P. Hasurkar, learned advocate appearing for the respondent no.2 has stated in the affidavit-in-reply filed on behalf of the respondent no.2 that the electricity line is not passing through the petitioner’s land bearing Block / Survey Nos. 146, 148, 150, 165, 167 and 169 of Mouje: Salatpur, Tal.: Talod, Dist.: Sabarkantha, which is owned by the petitioner herein. In view thereof, the cause does not survive.

In view of above, Mr. Bhaumik Dholariya, learned advocate appearing for the petitioner, on instructions, seeks permission to withdraw the present petition.

Permission, as prayed for, is granted.

Petition stands disposed of, as withdrawn.”

2. In this background, following submissions are made:-

2.1 Mr Bhaumik Dholariya, learned advocate for the applicant, has submitted that somewhere in the month of Augus

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