Devanshu Sanatkumar Pota vs State Of Gujarat & 2

1. Petitioner is a Chief Officer of Balasinor Nagarpalika. According to him, it was decided at the general meeting of the Umiya Krupa Society ("the society" for short) that appropriate action needs to be taken against illegal construction and accordingly a representation was made to him and he has acted in discharge of his duty against respondent No.2 the complainant.

2. It is his say that pursuant to the representation made before the Collector, Mahisagar and Deputy Collector, Balasinor, an application was communicated vide communications dated 15.2.2016 and 18.2.2016 and he was further directed to send his action taken report within 5 days. Therefore, he had issued notice on 23.2.2016 to Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue May 03 03:11:56 IST 2016 R/CR.MA/10076/2016 ORDER the husband of respondent No.2 to remove the illegal construction. According to him, the allegation made are on the contrary malicious and the petitioner had intimated the anti-corruption bureau of respondent having offered illegal gratification to him.

3. Issue notice returnable on 5.5.2016 to respondent No.2. Learned Additional Public Prosecutor waives service of notice for and on behalf of respondent No.1-State.

4. Respondent No.2 to be served through the investigating officer of the concerned police station. Investigating officer shall remain present with the papers of investigation before this Court on the returnable date. He shall not issue any further summons to the petitioner without the Court's permission.

Direct service is permitted.

(MS SONIA GOKANI, J.) SUDHIR Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue May 03 03:11:56 IST 2016