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SCA/9482/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9482 of 2011
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BIPIN
BAVAJNI HIRPARA & 11 - Petitioners
Versus
STATE
OF GUJARAT THROUGH PRINCIPAL SECRETARY & 25 - Respondents
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Appearance :
MS
ANUJA S NANAVATI for Petitioners : 1 - 12.
GOVERNMENTPLEADER for
Respondent : 1,
None for Respondents : 2 - 4, 4.2.1, 4.2.2, 4.2.3,
4.2.4,4.2.5 - 26.
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 29/07/2011
ORAL
ORDER
Notice
for final disposal returnable on 17/8/2011. As the notice is being
issued for final disposal in view of the statement made by learned
advocate for the petitioner that on the day on which delay
condonation order was passed, no submissions were canvassed and the
document at Annexure-D (page 37) is pressed into service indicating
that the copy of delay condonation application for resisting
application was not available.
In
view of this, the Court is of the prima facie opinion that the order
impugned is required to be quashed and set aside and the matter is
required to be remanded back to respondent no.1 for passing
appropriate order after hearing all. However, as the private
respondents in whose favour the order is passed are not available
today, the notice is issued, so that they may come forward and show
cause as to why this petition should not be allowed. Status-quo as
on date qua hearing of the revision application till the returnable
date. Direct service permitted for respondent nos. 3 & 4 (4/1 to
4/5).
[
S.R. BRAHMBHATT, J ]
/vgn
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