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CA/1581920/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR INTERIM RELIEF No. 15819 of 2007
In
SPECIAL
CIVIL APPLICATION No. 1868 of 2006
=========================================================
R.G.
BHESANIA - Petitioner(s)
Versus
GRAM
PANCHAYAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
DEEPAK P SANCHELA for
Petitioner(s) : 1,
MR PRAFULL B PATEL for Respondent(s) : 1 -
2.
None for Respondent(s) : 3,
MR APURVA DAVE AGP for
Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 15/09/2008
ORAL
ORDER
This
Court on 22nd August, 2006, had passed the following order
:-
The affidavit-in-reply
on behalf of respondents No. 1 and 2 is taken on record. RULE
returnable on 28.09.2006. The learned counsel for the respondents
waive service. The learned AGP is requested to file detailed
affidavit-in-reply on behalf of respondents No. 3 and 4.
In spite of the aforesaid
order, no reply is filed by the respondent-State. Hence, this Court
has no other option but to pass the following order.
The application is allowed
in terms of para 14(b). The applicant is allowed to resume the duty
as Principal, subject to further order in the petition. However, it
will be open for the respondents to file reply in the main matter and
an application for modification or vacating of interim-relief.
It is made clear that the
aforesaid order is passed only on account of in action on the part of
the respondent-State and that the party should not suffer because of
the in action on the part of the State Government.
In that view of the
matter, the application stands disposed of accordingly.
[K.S. JHAVERI,
J.]
/phalguni/
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