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CA/1212820/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR VACATING INTERIM RELIEF No. 12128 of 2008
In
CIVIL
APPLICATION No. 15248 of 2007
In
SPECIAL
CIVIL APPLICATION No. 24662 of 2007
With
CIVIL
APPLICATION No. 15248 of 2007
In
SPECIAL
CIVIL APPLICATION No. 24662 of 2007
=========================================================
PRAFULCHANDRA
N JAISWAL - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 7 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for Petitioner(s) : 1,
MR
NEERAJ SONI, Assistant Government Pleader for Respondent(s) : 1,
None
for Respondent(s) : 2 - 7.
MR
HR PRAJAPATI for
Respondent(s) :
8,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 20/03/2009
ORAL ORDER
1.
The petitioner has filed Civil Application No.15248 of 2007 seeking
direction to the opponent Nos.1 to 5 not to act upon the
complaints/representations/applications made by the respondent No.8
against the applicants and they should not start making
inquiry/investigation causing mental as well as physical problems to
the applicants pending the admission, hearing and final disposal of
the writ petition.
This Court has passed an
order on 13.12.2007 issuing rule and granting ad-interim relief in
terms of para 5(B) of the application. By virtue of the order dated
19.2.2008 ad-interim-relief was directed to be continued till
further order. The main petition, Special Civil Application No.24662
of 2007, was heard and rule was issued on 19.2.2008. Thereafter, the
respondent No.8 has moved Civil Application No.12128 of 2008 for
vacating of the interim relief on the ground that he was not heard
when the ad-interim relief was granted.
Having heard learned
advocates appearing for the parties and Mr. Prafulchandra N.
Jaiswal- party in person the Court is of the view that without going
into controversy between the parties or without going into the
aspect as to whether the respondent No.8 was heard at the time of
granting ad-interim relief, at the behest of the respondent No.8 no
inquiry can be conducted by the authority. However, the authorities
on their own can certainly make inquiry in the matter and hence
ad-interim relief granted earlier in terms of para-5(B) of Civil
Application No.15248 of 2007 is modified to the extent that, it is
open for the respondent Nos.1 to 5 authorities to make
inquiry/investigation in the allegations made against the
petitioner. The respondent No.8 has placed the bunch of documents
before this Court alongwith draft amendment. This draft amendment
is granted. It forms part of the main Civil Application No.12128 of
2008. Copy is already served to the Assistant Government Pleader’s
office. While making inquiry and/or investigation the respondent
authorities will go into these documents, which are produced before
the Court and after making detailed exhaustive inquiry either by
the respondent No.5 Food Controller or by any Officer duly
authorised by him and shall produce report on the record of the main
petition i.e. Special Civil Application nO.24662 OF 2007. The
report should be placed within the period of three months from the
date of receipt of writ of this Court or from the date of receipt of
certified copy of this order, whichever is earlier. Office is
directed to place this matter after the period of three months for
further hearing in the matter.
Both these Civil
Applications are accordingly disposed off.
(K. A. PUJ, J.)
kks
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