RATHOD HUKAMSINH MADARSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner has, inter alia, prayed for direction to the respondent authorities to consider the objection/reply of the petitioner dtd. 30/5/2023, after giving an opportunity of hearing to the petitioner.

(2.) Mr Maheshkumar K. Purohit, learned advocate submitted that the petitioner, is occupying a small shop earning livelihood for himself and entire family. It is submitted that notice was issued for removal of the unauthorized construction to which, the petitioner has filed his reply/objection; however, it is likely that the petitioner, may not be heard and given a proper opportunity and order be passed.

(3.) Ms Dhwani R. Tripathi, learned Assistant Government Pleader submitted that vide letter dtd. 1/6/2023, the petitioner was required to personally remain present on 2/6/2023 with all the supporting documents. The petitioner did not remain present and approached this Court on 2/6/2023 by filing the captioned writ petition. It is further submitted before this Court that authority shall issue a fresh notice clearly giving 7 days' time to the petitioner to appear with all the supporting documents and after hearing the petitioner that the order shall be passed.