KISHORCHANDRA BALUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant - original petitioner has challenged the judgment and order dated 01/09/2014 in Special Civil Application No. 10843 of 2014 passed by the learned Single Judge, whereby the learned Single Judge has declined to entertain the writ petition of the petitioner and to quash and set aside the order dated 29/5/2014 passed by the State Government.

(2.) LEARNED advocate Mr. Vaibhav Vyas for the appellant contended that the learned Single Judge has committed error in rejecting the petition on the ground that the appellant has not placed any material on record to establish that the area in question is not fall within the Custodial Regulation Zone. He contended that the learned Single Judge ought to have appreciated that it is a specific case of the appellant that the area in question does not fall within Custodial Regulation Zone and therefore, there may not be any material to demonstrate the same.

(3.) HE further contended that the learned Single Judge ought to have rejected the petition of appellant - petitioner on the ground of the construction of Flood Protection Wall. He contended that till date, no such process is initiated by the authorities of the State Government and there is no progress with regard to such construction of the Flood Protection Wall. Therefore, the learned Single Judge has committed error in dismissing the writ petition.