- (1.)By way of this application, the applicant - respondent No.5 has prayed for recall of the order dtd. 3/8/2021 passed in Special Civil Application No.10753 of 2021.
(2.)According to the respondent No.5, the petitioners, though have placed heavy reliance on the communication dtd. 26/5/2021 of Amalsad Gram Panchayat, not produced the subsequent documents whereby, it is clear that the construction which has been carried out by the respondent No.5 is in conformity with the development permission. It is the case of the respondent No.5 that the development permission was granted; plans whereof are placed alongwith the civil application (Annexure-F) whereby, the construction of six shops has been permitted. It is also stated in the application that after the communication dtd. 26/5/2021, the panchayat has issued communication dtd. 9/7/2021 which was received by the petitioners; however, the same has not been placed on record. It is the further case that as is clear from the communication dtd. 9/7/2021, the construction carried out by the respondent No.5 is in accordance with law and as per the decision taken by the panchayat in its general meeting dtd. 15/10/2019.
(3.)The respondent - panchayat has also filed the reply, inter alia, stating that the communication dtd. 26/5/2021 issued by the Amalsad Gram Panchayat has been subsequently withdrawn, which aspect was communicated to the petitioners vide letter dtd. 9/7/2021; however, the petitioners, despite being aware, have not disclosed the said fact. It is submitted that vide resolution dtd. 23/7/2021, it has been resolved that the concerned respondent has carried out the construction as per the permission dtd. 15/10/2019, granted vide resolution no.4/1 of the Panchayat and that, there is no illegal construction carried out by it. The application of the petitioners has been decided to be filed.