Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1776 (GUJ)

Hitendranagar Sahkari Odhyogik Vasahat Ltd. v. Gujarat State Co. Copertive Tribunal

2017-11-03

R.SUBHASH REDDY, VIPUL M.PANCHOLI

body2017
ORDER : R. SUBHASH REDDY, J. The original respondent no. 2 in Special Civil Application No. 9461 of 2017 has filed this Letters Patent Appeal aggrieved by the order passed by the learned Single Judge in Special Civil Application No. 9461 of 2017. 2. While issuing notice, this Court has passed the order dated 26.9.2017 which is to the following effect: “1. Notice to the respondents, returnable on 28th November, 2017. Learned counsel, Mr. B.S Patel for Mr. Dilip B. Rana, waives service of notice on behalf of the respondent No. 1. 2. After hearing learned counsel appearing on both the sides and further, perusing the order passed by the learned Single Judge, we are prima facie of the view that, if impugned order is allowed to stand, it amounts to allowing the petition itself. As the learned Single Judge has issued rule, returnable on 22nd November, 2017, we are of the view that construction cannot be permitted, unless the order of the Tribunal is modified. 3. In that view of the matter, there shall be interim relief in terms of prayer para 9(B) in Civil Application No. 12748 of 2017.” 3. When the matter was called for hearing on the last occasion, learned counsel appearing for both the sides made a request to dispose off the Civil Application, Letters Patent Appeal and Special Civil Application with a direction to the Board of Nominees to dispose off the suit itself expeditiously by continuing the directions issued in the order dated 26.9.2017 In the Civil Application, the respondent-original petitioner also filed an undertaking to the following effect: “1. The applicant above named hereby undertakes that he will not transfer, sale, alienate, rent, lease and/or create any third party right in any manner whatsoever with regard to the property/shed constructed on plot no. 7 admeasuring 2940 mtrs. Situated in the appellant/opponent co-operative society without permission of this Hon'ble Court or till disposal of this L.P.A Or as may be directed by this Hon'ble Court. 2. The applicant humbly request to the Hon'ble Court to permit the applicant to complete the work of construction as per the plan approved by the A.M.C” 4. 7 admeasuring 2940 mtrs. Situated in the appellant/opponent co-operative society without permission of this Hon'ble Court or till disposal of this L.P.A Or as may be directed by this Hon'ble Court. 2. The applicant humbly request to the Hon'ble Court to permit the applicant to complete the work of construction as per the plan approved by the A.M.C” 4. In view of the request made by learned counsel for the parties, we dispose off this Letters Patent Appeal, Civil Applications and Special Civil Application with a direction to the Board of Nominees to dispose off the suit being Lavad Case No. 171 of 2016 as expeditiously as possible, preferably within a period of two months from today. It is made clear that the order dated 26.9.2017 shall continue to operate till the disposal of the suit by the Board of Nominees. We make it clear that in view of the order dated 26.9.2017 and undertaking furnished by the respondents-original petitioners, the respondents shall not proceed with the construction any further or transfer or alienate any of the sheds which are constructed till the final disposal of the suit. It is also made clear that the Lavad Case is to be decided by the Board of Nominees independently on its own merits uninfluenced by the observations and findings recorded by the Court. Direct service is permitted.