Bhavnaben Hiteshkumar Patel vs State Of Gujarat
2021 Latest Caselaw 15282 Guj

     C/SCA/10793/2021                                 ORDER DATED: 28/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 10793 of 2021

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                        BHAVNABEN HITESHKUMAR PATEL
                                   Versus
                             STATE OF GUJARAT
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Appearance:
SWAPNESHWAR GOUTAM(9051) for the Petitioner(s) No. 1,2,3,4,5
for the Respondent(s) No. 2,3
MR HARDIK MEHTA, AGP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 28/09/2021
                                ORAL ORDER

Heard learned Advocate Mr. Swapneshwar Goutam for the petitioners.

Learned Advocate Mr. Goutam would submit that issue raised in the present petition is squarely covered by decision of this Court in Special Civil Application No. 2902 of 2015, dated 17.12.2015 confirmed by Hon'ble Division Bench of this Court in Letters Patent Appeal No. 211 of 2017 dated 09.02.2017. Learned Advocate would further point out that the said decision of the Hon'ble Division Bench had been challenged before the Hon'ble Supreme Court and whereas vide an order dated 04.10.2017, the Hon'ble Supreme Court had dismissed the Special Leave Petitions. Learned Advocate would further point out that based upon the decision of this Court as confirmed by the Hon'ble Supreme Court, the respondent-State had issued a Resolution dated 12.03.2018 and whereas it was decided that benefit of the said judgment would be available to all similarly situated persons. Learned Advocate would further draw the attention of this Court to an order of the State Government dated 10.02.2020, which according to the learned Advocate is based upon misreading and misinterpretation of the

C/SCA/10793/2021 ORDER DATED: 28/09/2021

decision of this Court as confirmed by the Hon'ble Supreme Court inasmuch as according to the learned Advocate, the benefit which was sought to be granted to the petitioners is now sought to be recovered by the respondents.

Having regard to the same, issue Notice returnable on 26.10.2021.

Interim relief in terms of Para 7-G is granted till then.

Direct service today is permitted.

(NIKHIL S. KARIEL,J) BDSONGARA