BHUPATBHAI RAMSANGBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. Ashok A. Purohit for the petitioner submits that he had already preferred a civil suit before the District Court, Botad by challenging the same notice in question, therefore, he wants to pursue that remedy.

(2.) Since the petitioner has already availed efficacious alternative remedy, and therefore, by that, his rights will be adjudicated and in view of that fact, the present petition will not survive.

(3.) In view of the above, the present petition is disposed of, as the petitioner has already availed efficacious alternative remedy available under the law. 3.1 It is open for the petitioner that in addition to the aforesaid civil suit, he can approach the same authority by making appropriate representation for availing alternative arrangement. Since, the interim relief, granted by this Court, is operating till today, as the petitioner has insisted to grant the protection for further period, I deem it fit to extend the interim relief for further four weeks from today. It is clarified that no further relief shall be extended by this Court and the same will not create any equity in favour of the present petitioner and further, the learned trial court will decide the application for interim injunction on its own merits, in accordance with law, without being influenced by the order passed by the Court in the present petition.