Patel Nirav Jayantibhai vs State Of Gujarat
2021 Latest Caselaw 17681 Guj

       C/SCA/17124/2021                              ORDER DATED: 24/11/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 17124 of 2021

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                          PATEL NIRAV JAYANTIBHAI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 2
MS DHARITRI PANCHOLI, AGP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 24/11/2021
                               ORAL ORDER

1. Heard learned Advocate Mr. Gaurav Chudasama for the petitioners and learned AGP Ms. Dharitri Pancholi for the respondent-State.

2. Learned Advocate Mr. Chudasama for the petitioners would submit that a similar issue had been raised in Special Civil Application No. 8270 of 2014 and whereas the said petition had been allowed by the Co-ordinate Bench of this Court vide judgment dated 13.12.2018 and whereas the said decision had been confirmed by the Hon'ble Division Bench of this Court in Letters Patent Appeal No. 310 of 2018 and allied matters vide judgment dated 17.06.2019. Learned Advocate would further submit that petitions had been preferred praying for the very selfsame prayers as made in the present petition and whereas vide various orders of this Court, this Court had directed the petitioners therein to prefer representations to respondent No.2 and whereas respondent No.2 was directed to take an appropriate decision in accordance with law within a period of eight weeks of receipt of such representations. Learned Advocate Mr. Chudasama would further submit that representations have been preferred by petitioners of the earlier writ petitions and whereas the respondent No.2 has called the petitioners therein

C/SCA/17124/2021 ORDER DATED: 24/11/2021

for hearing on 30.11.2021. Learned Advocate Mr. Chudasama would submit that the present petitioners may also be directed to be heard by the respondent No.2 on 30.11.2021 and whereas appropriate representation would be submitted by the petitioners on the very said date.

3. As against the same, learned AGP Ms. Pancholi would submit that while the petitioners may be permitted by this Court to submit their representation to the respondent No.2 on 30.11.2021 itself, but appropriate reasonable time may be granted by this Court to the authorities concerned to take a decision.

4. Having regard to the submissions made by the learned Advocates for the parties, this Court disposes of this petition with the following directions :

(A) The petitioners to submit a representation to the respondent No.2 on 30.11.2021, on which date the respondent No.2 is stated to have called the petitioners in writ petition being Special Civil Application No.5709 of 2020 and other allied matters for hearing.

(B) The respondent No.2 after receiving the representation from the present petitioners may either opt for giving a hearing to the present petitioners on the same day or any other day as shall be decided by the respondent No.2. It is clarified that after hearing is given to the present petitioners as given to the petitioners in other writ petitions, the respondent No.2 shall ensure that an appropriate order is passed within a period of eight weeks from the date the representation is submitted to him i.e. on 30.11.2021.

5. Out come of such consideration shall be communicated to the present petitioners in writing.

C/SCA/17124/2021 ORDER DATED: 24/11/2021

6. It is clarified that this Court has not gone into the merits of the matter and whereas the respondent No.2 shall take an independent decision in accordance with law. It is further clarified that in case the petitioners are aggrieved by the decision which would be taken by the respondent No.2. then it would be open for petitioners to challenge the same before appropriate forum in accordance with law.

7. With the above limited observations and directions, the present petition is disposed of.

Direct service is permitted.

(NIKHIL S. KARIEL,J) BDSONGARA