NIYATIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner has prayed for quashing and setting aside the order dtd. 7/6/2022 passed by the office of the City Survey Superintendent - 3 & Additional Mamlatdar, Ahmedabad. The ground on which the order has been challenged is that, it has been passed in complete breach of principles of natural justice, as no notice was ever served upon the petitioner in the Remand Case no.2 of 2022. In support of such contention, learned advocate appearing for the petitioner, has placed on record the postal cover of the notice with an endorsement "not known" "insufficient".

(2.) This Court, after recording the submissions of the learned advocate appearing for the petitioner, has issued the notice. The same is made returnable today.

(3.) Mr J.K. Shah, learned Assistant Government Pleader appearing for the respondent, upon instructions, has submitted that though the notice was issued, however, it had not reached. Mr Shah, learned Assistant Government Pleader fairly conceded that the petitioner was not heard. Upon instructions from Shri M.B. Parmar, Shirestadar and Shri P.R. Prajapati, Maintenance Surveyor, office of the City Survey Superintendent & Additional Mamlatdar, Ahmedabad, it is stated that the petitioner would be heard and after hearing the petitioner, appropriate order shall be passed.