MUKESHBHAI JAGDISHBHAI SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri Pranav Dave, learned AGP waives service of notice of rule on behalf of respondents nos. 1 and 2.

(2.) IT is an admitted position that though required, seven days notice has not been given to the petitioners before demolishing some portion of the construction. IT appears from the impugned notice dated 10/08/2010 that seven days time was granted/seven days notice was issued, however, seven is corrected to three. The aforesaid is not satisfactorily explained. Be that as it may. IT cannot be disputed that before any action is taken under Section 202 of the Bombay Land Revenue Code, seven days notice is required to given. Under the circumstances, the impugned notice/communication dated 10/08/2010 is hereby quashed and set aside. IT will be open for the Mamlatdar, Vadodara to initiate appropriate proceedings under Section 202 of the Bombay Land Revenue Code in accordance with law on its own merits after giving reasonable time to the petitioners to respond to the same. Till then, parties are directed to maintain status-quo as on today. Rule is made absolute to the aforesaid extent. Direct service is permitted.