IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1466 of 2025 ==========================================================

RUPCHAND ODHARMAL SEVKANI & ORS.

Versus COLLECTOR, PANCHMAHAL DISTRICT & ORS.

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Appearance:

MR BY MANKAD(440) for the Petitioner(s) No. 1,2,3,4 MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 04/02/2025

ORAL ORDER

1. Heard learned Senior Advocate Mr.Mehul Shah with learned advocate Mr.B.Y.Mankad on behalf of the petitioners and learned Assistant Government Pleader Mr.Nikunj Kanara on behalf of the respondent – State.

2. Considering the submissions made by learned Senior Advocate and having perused the impugned order passed by the Collector, Panchmahals dated 27.01.2025, it would prima facie appear to this Court that while the Collector was considering the application made by the respondent no.3 herein inter alia alleging breach of condition of NA by the present petitioners, at the same time, the Collector was also conscious about the fact that the learned Coordinate Bench of this Court vide an order dated 07.09.2022 in Special Civil Application No.12464/2019 had inter alia directed the Collector to consider the application made by the petitioners for regularizing the breach of NA as requested by the petitioners, within a stipulated time period.

2.1. It would appear that while the Collector had inter alia come to a conclusion that the petitioners have breached the condition of NA and consequently, steps have been directed to be taken, yet, there is no decision as regards the request made by the petitioners for regularizing the breach committed by the petitioners.

3. Learned AGP Mr.Kanara for the State would request for some time to take appropriate instructions.

4. At this stage, it is pointed out by learned Senior Advocate Mr.Shah that in compliance of the order passed by the Collector impugned herein, the electricity connection of the petitioners no.1, 2 and 3 have already been disconnected whereas the electricity connection of the hospital being run by the petitioner no.4 has not been disturbed. It is further pointed out by learned Senior Advocate that the Nagarpalika has also issued a notice for compliance of the order passed by the Collector.

5. Having regard to the above position, list this matter on 06.02.2025. Till such date, there shall not be any further coercive steps for implementation of order dated 27.01.2025 passed by the Collector, Panchmahals.

Direct service today is permitted.

(NIKHIL S. KARIEL,J)

Bhoomi