Patel Ketankumar Jagdishbhai vs State Of Gujarat
2021 Latest Caselaw 16014 Guj

     C/SCA/5709/2020                                  ORDER DATED: 11/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5709 of 2020

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                       PATEL KETANKUMAR JAGDISHBHAI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 2
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                              Date : 11/10/2021
                               ORAL ORDER

Heard learned Advocate Mr. Gaurav Chudasama for the petitioners and learned AGP Mr. Utkarsh Sharma for the respondent-State.

Learned Advocate Mr. Chudasama would submit that almost similar issue as raised in the present petition had been decided by Co-ordinate Bench of this Court in Special Civil Application No. 8270 of 2014 vide judgment dated 13.12.2018 and whereas the said decision came to be 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 Mr. Chudasama would submit that he would withdraw the present petition at this stage with liberty to approach the respondent authorities by preferring a representation, more particularly requesting the respondent authorities to consider the case of the petitioners in light of the decisions of this Court referred to hereinabove.

Such a request of learned Advocate Mr. Chudasama is not opposed by the learned AGP Mr. Utkarsh Sharma.

C/SCA/5709/2020 ORDER DATED: 11/10/2021

Having regard to the same, permission to withdraw the present petition is granted.

The petitioners to make a detailed representation to the respondent No.2 within a period of two weeks from the date of receipt of this order and whereas the respondent No.2 shall take an appropriate decision in accordance with law within a period of eight weeks from the date of receipt of such representation. Outcome of such consideration shall be informed to the petitioners in writing.

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. 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 the petitioners to challenge the same before appropriate forum in accordance with law.

With the above limited observations and directions, the present petition stands disposed of as withdrawn.

Direct service is permitted.

(NIKHIL S. KARIEL,J) BDSONGARA