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SCA/13820/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13820 of 2011
=========================================================
BHARATI
KELVANI MANDAL - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MS
MAMTA R VYAS for
Petitioner(s) : 1,
MS ASMITA PATEL, LEARNED ASSISTANT GOVERNMENT
PLEADER for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 14/11/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed, with the following prayers:
“(A) Your
Lordships may be pleased to issue a writ of mandamus or any other
appropriate writ, order or direction directing the respondents to
grant the permission for shifting the school from Shergadh to Keshod;
and
in the alternative
(B) Your
Lordships may be pleased to issue a writ of mandamus or any other
appropriate writ, order or direction directing the respondents to
consider the application of the petitioner for shifting the school to
Keshod from Shergadh and grant permission for the same;
(C) Pending
admission, hearing and final disposal of this writ petition, Your
Lordships may be pleased to direct the respondents to consider the
application of the petitioner for shifting the school and place the
order before this Hon’ble Court;
(D) Be
pleased to pass such other and further reliefs as may be deemed just
and proper by Your Lordships in the facts and circumstances of the
case.”
2. At
the outset, Ms.Mamta R. Vyas, learned advocate for the petitioner,
states that the petitioner has made a representation dated 01.11.2010
for shifting the School in question, which has not been considered or
decided by respondent No.2. It is further submitted that the interest
would be met, if respondent No.2 is directed to consider and decide
the same, within the time bound period.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed:
Respondent
No.2 may consider and decide the representation of the petitioner
dated 01.11.2010, in accordance with law, within a period of eight
weeks from the date of receipt of the copy of this order.
The
petition is disposed of, in the above terms, without entering into
the merits of the case.
Direct
Service of this order, is permitted.
(Smt. Abhilasha Kumari, J.)
rakesh/
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