Gujarat High Court
Vaghela Kanaksinh Ramsinh vs State Of Guajrat on 27 October, 2021
Bench: Nikhil S. Kariel
C/SCA/16171/2021 ORDER DATED: 27/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16171 of 2021
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VAGHELA KANAKSINH RAMSINH & 11 other(s)
Versus
STATE OF GUAJRAT & 1 other(s)
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Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No.
1,10,11,12,2,3,4,5,6,7,8,9
for the Respondent(s) No. 1,2
MS SURBHI BHATI, ASSISTANT GOVERNMENT PLEADER/ for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 27/10/2021
ORAL ORDER
Heard learned Advocate Mr. Gaurav Chudasama for the petitioners
and learned AGP Ms. Surbhi Bhati 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 herein above.
Such a request of learned Advocate Mr. Chudasama is not opposed
C/SCA/16171/2021 ORDER DATED: 27/10/2021
by the learned AGP Ms. Surbhi Bhati.
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)
Mrs. J. J. Kedia
