Dayabhai M Solanki vs. The State Of Gujarat
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Abhay S. Oka, Hon'ble Ujjal Bhuyan
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Permission to File SLP/Appeal-allowed and matter dismissed(including all pending IAs) [IAs allowed and dismissed]
Listed On:
22 Mar 2024
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 30375/2023
(Arising out of impugned final judgment and order dated 01-05-2023 in SCA Nos.17399/2013, 17404/2013, 17418/2013, 17434/2013, 17419/2013, 17397/2013, 17407/2013, 17416/2013, 17398/2013, 17411/2013, 17405/2013, 17403/2013, 17414/2013, 17433/2013, 17401/2013, 17412/2013, 17421/2013, 17420/2013, 17439/2013, 17406/2013, 17413/2013, 17437/2013, 17408/2013 and 17402/2013 passed by the High Court of Gujarat at Ahmedabad)
DAYABHAI M SOLANKI ETC. Petitioner(s)
VERSUS
STATE OF GUJARAT & ANR. Respondent(s)
(IA No.58083/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.58065/2024-APPLICATION FOR SUBSTITUTION and IA No.58088/2024-SETTING ASIDE AN ABATEMENT and IA No.58056/2024- EXEMPTION FROM FILING O.T. and IA No.58062/2024-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.58077/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.58089/2024-APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT)
Date : 22-03-2024 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s)
Ms. Sharmila Upadhyay, Adv. Mr. Pawan R Upadhyay, Adv. Mr. Sarvjit Pratap Singh, Adv. Mr. Yogesh Rawani, Adv. For M/S. Unuc Legal Llp, AOR
For Respondent(s)
Ms. Archana Pathak Dave, Sr. Adv.
Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.
Ms. Abhipsa Mohanty, Adv.
UPON hearing the counsel the Court made the following O R D E R
Applications for exemption from filing a certified copy of the impugned judgment and exemption from filing official translation are allowed.
Delay is condoned in filing application for setting aside abatement, abatement is set aside and the application for substitution is allowed.
Permission is granted to file Special Leave Petitions.
Delay condoned.
Though no case is made out in exercise of our jurisdiction under Article 136 of the Constitution of India, considering the fact that the petitioners are occupying the government quarters for a long time, only by way of indulgence, we propose to grant them time to vacate till 31st March, 2025 subject to filing usual undertakings by the petitioners as well as the adult members of their family staying with them.
Accordingly, we dismiss the Special Leave Petitions.
However, we direct that the petitioners shall not be evicted till 31st March, 2025 subject to the petitioners and their adult family members staying with them filing usual undertakings in this Court within a period of one month from today.
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Against those petitioners who fail to file the undertakings within a period of one month, the respondents are free to take action of eviction.
The learned counsel appearing for the petitioners will furnish the copies of the undertakings to the learned counsel representing the respondent-State.
As the petitioners have offered to vacate the premises, the order of costs imposed by the impugned judgment shall not be implemented against those petitioners who file the undertakings within the stipulated time. The impugned order of costs will continue to operate against those petitioners who fail to file the undertakings within the stipulated time.
Pending application, if any, also stands disposed of.
(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER
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