C/SCA/5135/2025 ORDER DATED: 21/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 5135 of 2025 ========================================================== BHAVNABEN GOVINDBHAI MUNGRA Versus THE STATE OF GUJARAT & ORS. ========================================================== Appearance: MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1 MR. ELESH S. BHARWAD(16979) for the Petitioner(s) No. 1 MS POOJA CHOUDHARY, AGP for the Respondent(s) No. 1 MR AV NAIR(5602) for the Respondent(s) No. 2,3 MR RC SEJPAL(2636) for the Respondent(s) No. 4,5 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 21/08/2025 ORAL ORDER 1. This petition is filed challenging the order dated 11.04.2025 issued under Section 260(2) of the Gujarat Provincial Municipal Corporations Act, 1949. 2. Heard learned advocate Mr. Meet D. Kakadia for the petitioners. Learned advocate for the petitioners submitted that prior to the order under Section 260(2) of the GPMC Act, the petitioner had preferred an application seeking regularization of alleged unauthorized construction, during the pendency of which, the impugned order was passed. Learned Advocate further submitted that this Hon'ble Court had issued notice in the matter and had directed the parties to maintain status quo. The said application for regularisation was earlier pending and C/SCA/5135/2025 ORDER DATED: 21/08/2025 now has been decided by order dated 18.07.2025, rejecting the application of the petitioner seeking regularization of the construction in question. The same is placed on record. Learned advocate further submitted that against the said order, appeal under Section 12 of the Gujarat Regularization of Unauthorized Development Act, 2022 (for short 'the GRUDA, 2022') has already been preferred on 29.07.2025, which copy is also produced and taken on record and therefore, learned advocate would further request the Hon'ble Court to dispose of the present matter by extending the interim relief granted by this Hon'ble Court and issuing appropriate directions for expeditious disposal of the appeal. 3. Learned advocate Mr. A. V. Nair for the respondent Nos. 2 and 3 could not dispute the order dated 18.07.2025 rejecting the application of the petitioner seeking regularization of unauthorized construction and that an appeal had been preferred against the same. 4. In view of the above facts, the Appellate Authority is directed to decide the appeal of the petitioner within a period of 2 months from the date of receipt of this order. It is open for the authority to consider the documents produced by the petitioner and to provide the petitioner an opportunity of hearing in accordance with the provisions of GRUDA Act 2022. Till the appeal is decided by the authority, the order under Section 260(2) of the GPMC Act dated 11.04.2024 shall stand suspended. This Court has not gone into the merits of the matter and it is open for the authority to decide the appeal as directed hereinabove on its own merits and in accordance with C/SCA/5135/2025 ORDER DATED: 21/08/2025 law. 5. In view of above, this petition is disposed of. 6. Interim Relief granted earlier, if any stands vacated. (MAUNA M. BHATT,J) SHRIJIT PILLAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 21/08/2025 17:39:53