Patel Agency Through Proprietor ... vs State Of Gujarat
2023 Latest Caselaw 8059 Guj

                                                                              NEUTRAL CITATION




     C/SCA/18908/2023                           ORDER DATED: 03/11/2023

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       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/SPECIAL CIVIL APPLICATION NO. 18908 of 2023
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PATEL AGENCY THROUGH PROPRIETOR RAJANI VALLABHBHAI
                          PATEL
                          Versus
                   STATE OF GUJARAT
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Appearance:
MR NIRAV C SANGHAVI(5950) for the Petitioner(s) No. 1
MS. JYOTI BHATT, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                           Date : 03/11/2023

                             ORAL ORDER

1. By way of present petition, the petitioner herein has

prayed for the following reliefs:

"A) That the Hon'ble Court may be pleased to admit this SPECIAL CIVIL APPLICATION.

B) This Hon'ble court may please to issue appropriate writ, order, or direction to the respondent no. 2 to issue an amended circular in furtherance of the circular dated 28.9.23 in view of the order passed by this Hon'ble Court on 31.8.23 in SCA no. 6123 of 2023 in the interest of justice. at Annexure-C colly.

C) This Hon'ble Court may please to direct to respondent no. 2 to consider the application of the present petitioner

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dated 9.10.23 in view of the earlier order passed by this Hon'ble Court in SCA no. 6123 Of 2023 And accordingly issue amended circular in the interest of justice. at Annexure-C Colly.

And/or

D) This Hon'ble Court may please to direct to respondent no. 2 to strictly follow the judgment and order passed by this Hon'ble Court in SCA no. 2244 Of 2013 interest of justice. at Annexure-B

E) Grant such other and further relief as deemed just and proper by this Hon'ble court in the interest of justice."

2. The petitioner herein seeks issuance of direction to

the respondent authorities not to obstruct the business of the

present petitioner contrary to the directions issued in Special

Civil Application No.2244 of 2013 and also direct the respondent

authority not to disconnect the CCTV which is installed at the

shop at the time of raiding the premises and if, the police

authority intends to carry out panchnama, the same be done

through videography as per the provisions of the Code of

Criminal Procedure and also direct the respondent No.2 to decide

the representation dated 07.10.2023 in light of the orders passed

in Special Civil Application No.2244 of 2013 and Special Civil

Application No.304 of 2021.

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C/SCA/18908/2023 ORDER DATED: 03/11/2023

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3. Heard Mr. Shalin Mehta, learned Senior Counsel with

Mr. Nirav C. Sanghavi, learned advocate appearing for the

petitioner and Ms. Jyoti Bhatt, learned AGP appearing for the

respondent - State.

4. Mr. Shalin Mehta, learned Senior Counsel appearing

for the petitioner, submitted that representation dated 07.10.2023

preferred by the petitioner herein, duly produced at Annexure -

D, Page-49 to the petition, be decided by the respondent

authority taking into consideration the orders dated 04.03.2013

and 10.03.2022 passed by this Court in Special Civil Application

No.2244 of 2013 and Special Civil Application No.304 of 2021

respectively.

5. Ms. Jyoti Bhatt, learned AGP appearing for the

respondent - authority, fairly submitted that the said

representation dated 07.10.2023, duly produced at page 49 to the

petitions, shall be decided by the respondent authority within a

period of four weeks from the date of receipt of this order.

6. Mr. Shalin Mehta, learned Senior Counsel appearing

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for the petitioner, does not press rest of the prayers.

7. Considering the aforesaid submissions advanced by the

learned advocates appearing for the respective parties, the

respondent authority is directed to decide the representation

dated 07.10.2023 preferred by the petitioner herein, duly

produced at Annexure - D, page 49 to the petition, within a

period of four weeks from the date of receipt of this order taking

into consideration the orders dated 04.03.2013 and 10.03.2022

passed by this Court in Special Civil Application No.2244 of 2013

and Special Civil Application No.304 of 2021 respectively.

8. With the aforesaid direction, the present petition

stands disposed of.

Direct service is permitted.

(VAIBHAVI D. NANAVATI,J) Pradhyuman