Shakilahmed Khurshid Haider ... vs State Of Gujarat
2022 Latest Caselaw 4128 Guj

     C/SCA/1459/2022                               ORDER DATED: 12/04/2022



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/SPECIAL CIVIL APPLICATION NO.              1459 of 2022

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         SHAKILAHMED KHURSHID HAIDER PIRZADA
                        Versus
                   STATE OF GUJARAT
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Appearance:
MR BHARAT T RAO(697) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 2,3,4
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                       Date : 12/04/2022

                             ORAL ORDER

1. By way of this writ application, which is filed under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs :-

"(A) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent nos.1 & 2 to extend the term of the APMC, Wankaner in exercise of powers under Sec.11(4)(aa) of The Gujarat Agricultural Produce and Marketing (Promotion and Facilitation) Act, 1963 in view of the principles laid down by this Hon'ble Court in the judgment reported in 1992(1) GLR 503 in case of A.A.Kureshi Vs. State of Gujarat from 20.1.2022 for a period of one year or till the result of the election of APMC, Wankaner is declared and its first meeting held, for the reasons stated in the memo of Petition and in the interest of justice;

C/SCA/1459/2022 ORDER DATED: 12/04/2022

(B) Pending admission, hearing and final disposal of the above Special Civil Application to restrain the respondent nos.1 to 3 from appointing Administrator in APMC, Wankaner till the final disposal of SCA Nos.17728/2021, 17451/2021 and 18140/2021 and till the result of the election of APMC, Wankaner is declared and its first meeting held, for the reasons stated in the Memo of Petition and in the interest of justice;

(C) To grant ad-interim relief in terms of Para-26 (B) hereinabove.

(D) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require.

(E) To award the cost of this petition."

2. Heard Mr. Bharat T. Rao, the learned advocate appearing for the writ applicant and Mr. Ishan Joshi, the learned Assistant Government Pleader appearing for the respondent - State.

3. This Court while issuing the notice passed the following order dated 28.01.2022, which reads thus :-

" Heard Mr.Bharat T. Rao, learned counsel appearing for the writ applicants and Mr. Ishan Joshi, learned Assistant Government Pleader appearing for the respondent Nos.1 to

3. All the matters are directed to be listed on 3rd February, 2022. It is expected that the authority shall not act further till the next date of hearing."

4. The said order came to be continued from time to time. In view of final orders passed in Special Civil

C/SCA/1459/2022 ORDER DATED: 12/04/2022

Application No.17451 of 2021, Special Civil Application No.17728 of 2021 and Special Civil Application No.18140 of 2021, no orders are required to be passed in the present writ application. consequently, interim order dated 28.01.2022 stands vacated.

The present writ application stands disposed of as having become infructuous. Interim arrangement granted earlier stands vacated.

Mr. Daxay Patel, the learned advocate appearing for the writ applicant requested for staying of the order. However, the request as prayed for is declined.

(VAIBHAVI D. NANAVATI,J)

Pallavi