Juliet vs State

1. As against the impugned order passed by the Deputy Collector, Bhuj dated 03/09/2009 in City Survey Appeal No. 105/2008 (Remand Case), there is an alternative remedy available by way of appeal before the Collector, Shri Mehul Rathod, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present Special Civil Application, however, has requested to issue appropriate suitable direction directing the Collector to decide and dispose of the appeal, that may be filed by the petitioner, at the earliest.

2. In view of the above, without expressing any opinion on merits and without further entering into the merits of the case, the petitioner is permitted to withdraw the present Special Civil Application with the above liberty. As and when such an appeal is preferred the same shall be considered by the appellate authority in accordance with law on its own merits, in any way, being, influenced by the present order and it will be open for the petitioner to raise all the contentions, which are raised in the present Special Civil Application, before appropriate appellate authority.

3. In the facts and circumstances of the case as and when such an appeal is preferred by the petitioner, within a period of two weeks from today, the appellate authority may decide the same expeditiously.

(M.R.

SHAH, J.) siji Top