INDUS TOWER LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or direction quashing and setting aside the impugned order dtd.10/9/2009 passed by the Collector, Mehsana passed in Case No.NGP/1/TP/6(b)(2)Case No.3 of 2009.

(2.) It is not in dispute that against the impugned order passed by the Collector Mehsana under sec.6B(2) of the Act a further appeal is provided before the State Government as per sub-sec.(4) of Sec.6B of the Gujarat Town Planning Act.

(3.) In view of the above, Mr.Shalin Mehta, learned advocate appearing on behalf of the petitioner seeks permission to withdraw the present petition with a liberty to file appropriate appeal before the State as provided under sec.6B(4) of the Gujarat Town Planning and Urban Development Act against the impugned order passed by the Collector, Mehsana, however has submitted that suitable observations be made directing the State Government / appellate authority to consider all the submissions to be made on behalf of the respective parties and in accordance with law and on merits, without in any way being influenced by the present order.