Jyotindrabhai Rambhai Patel vs State Of Gujarat
2021 Latest Caselaw 18623 Guj

       C/SCA/19257/2021                              ORDER DATED: 21/12/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 19257 of 2021

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                          JYOTINDRABHAI RAMBHAI PATEL
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR SAURABH M PATEL(5019) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 21/12/2021
                                 ORAL ORDER

1. Heard learned Advocate Mr. Saurabh M. Patel for the petitioner and learned AGP Ms. Dharitri Pancholi for the respondent-State.

2. Learned Advocate Mr. Patel would submit that the issue raised in the present petition is no more res integra, more particularly submitting that the issue raised in the present petition has been decided by the learned Co- ordinate Bench of this Court vide judgment dated 20.03.2019 in Special Civil Application No.6692 of 2016. Learned Advocate would submit that if the respondents were to be directed to decide a representation which would be preferred by the present petitioner, bringing to the notice of the respondents the fact of the judgment being passed in a similar issue by this Hon'ble Court and if the respondents are directed to decide such representation within a stipulated period of time, then the grievance of the petitioner could be taken care of. Such a course of action is not objected to by the learned AGP Ms. Pancholi.

3. Having regard to the same, the present petition is disposed of with the following directions :

C/SCA/19257/2021 ORDER DATED: 21/12/2021

(A) The petitioner to prefer a representation for the grievance as agitated in the present petition to the respondents, more particularly to the respondent No.2 within a period of two weeks from the date of receipt of order of this Court.

(B) The respondents, more particularly the respondent No.2 shall decide such representation within a period of six weeks from the date of receipt of the representation. Outcome of such representation shall be intimated to the petitioner in writing.

4. Needless to clarify that this Court has not gone into the merits of the matter and whereas the respondents shall take an appropriate decision, albeit in accordance with law. It is further clarified that in case the petitioner were to be aggrieved by the decision of the respondent No.2, then it would be open for the petitioner to challenge the same before appropriate forum in accordance with law.

5. With the above limited observations and directions, the present petition is disposed of as partly allowed.

Direct service is permitted.

(NIKHIL S. KARIEL,J) BDSONGARA