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SCA/3882/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3882 of
2011
=========================================================
PRADIP
SHISHPAL SHARMA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR.
SAMIR B. GOHIL FOR MR. AS SUPEHIA
for
Petitioner(s) : 1,
MR. MAULIK G. NANAVATI, ASST.GOVERNMENT PLEADER
for Respondent(s): 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 24/03/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“14) The
petitioner, therefore, prays that this Hon’ble Court may be pleased
to issue a writ of mandamus or any other writ, order or direction:
A) Quashing
and setting aside the letter dt. 7.11.2009 written by the Respondent
No.3, and directing the respondent Nos.1 and 2 to decide the
representation dt.5.4.2010 made by the petitioner, in consultation
with each other as regards compassionate appointment in the light of
the judgment dt. 14.12.2010 in Spl.C.A.NO.15955 of 2010.
B) During
the pendency and final disposal of this petition, the Respondent No.1
may be directed to consider the case of the petitioner for
compassionate appointment
C) To
grant such and further relief as may be deemed fit and proper.”
2. At
the very outset, Mr. Samir B. Gohil, learned for Mr. A.S. Supehia,
learned advocate for the petitioner states that the interest of
justice would be met, if respondent No.1 is directed to consider and
decide the representation dated 05.04.2010, made by the petitioner,
in light of the judgment dated 14.12.2010, passed in Special Civil
Application No.15955 of 2010.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed :-
Respondent
No.1 may consider and decide representation dated 05.04.2010, made
by the petitioner, in light of the judgment dated 14.12.2010, passed
in Special Civil Application No.15955 of 2010, within a period of
three months from the date of receipt of the copy of this order.
It
is clarified that while passing this order, the Court has not entered
into the merits of the case.
4. The
petition is disposed of, in the above terms.
(Smt. Abhilasha Kumari, J.)
Safir*
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