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Vishwakarma Textile Mills v/s State of Gujarat

    R. Special Civil Application No. 10750 of 2021

    Decided On, 28 September 2021

    At, High Court of Gujarat At Ahmedabad

    By, THE HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

    For the Petitioner: Apurva R. Kapadia (5012), Advocate. For the Respondent: Nisa Thakore, Assistant Government Pleader.



Judgment Text

1. By way of this petition under Article 226 of the Constitution of India, the following reliefs have been prayed for:-

"8(A) Your Lordship may be pleased to admit and allow this petition.

(B) Your Lordship may be pleased to issue writ of mandamus or any other writ, order or direction quashing and setting aside the impugned order dated 25.06.2021 passed by the respondent no. 2 - Collector and thereby further be pleased to decide the application filed by the petitioner under Section 63AA of the Gujarat Tenancy and Agricultural Lands Act a fresh without being influenced by the order dated 13.12.2017 passed by the respondent no. 1 - Secretary in Revision Application No. 1 of 2016.

(C ) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent no. 2 - Collector to independently decide the application filed by the petition under Section 63AA of the Gujarat Tenancy & Agricultural Lands Act afresh without being influenced by the order dated 13.12.2017 passed by the respondent no. 1 - Secretary in Revision Application no. 1/2016.

(D) Your Lordship may be pleased to pass such other order and further orders as may be deemed just and proper in the interest of justice."

2. After arguing for some time, Mr. Apurva Kapadia, learned advocate for the petitioner, under the instructions seeks permission to withdraw the petition with a view to approach respondent no. 2 authority. As and when such request is made, the respondent authority may consider the same in accordance with law. It is made clear that this Court has not expressed any opinion on merit with regard to any of the submission and it would be independently open for the authority concerned to ta

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ke an independent decision in accordance with law. In view of the above the present petition stands disposed of as withdrawn. Notice is discharged. Direct Service is permitted.
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