IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO 1105 of 2003
in
SPECIAL CIVIL APPLICATION NO 11164 of 2001
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NADIAD EDUCATION SOCIETY
Versus
STATE OF GUJARAT
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Appearance:
1. LETTERS PATENT APPEAL No. 1105 of 2003
MR MUKUND M DESAI for Appellant No.
.......... for Respondent No. 1-2
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CORAM : HON'BLE MR.JUSTICE B.J.SHETHNA
and
HON'BLE MR.JUSTICE M.C.PATEL
Date of Order: 01/02/2005
ORAL ORDER
(Per : HON’BLE MR.JUSTICE B.J.SHETHNA)
Learned Counsel Shri Chauhan for the Appellant
submitted that the Appellant Society is ready and willing
to approach the Commissioner of Higher Education with its
Books of Accounts, as stated in Reply Affidavit, filed by
Shri A.P.Dhaduk, Under Secretary to the Government of
Gujarat, Education Department, on behalf of the State of
Gujarat in a writ petition i.e. Special Civil
Application No.11164 of 2001, irrespective of rejection
of his petition. There cannot be any difficulty in
granting such permission when the respondent No.1 had
come out with this, in his Reply Affidavit. Hence,
permission granted to the appellant to approach the
Commissioner, Higher Education with its Books of
Accounts. If the appellant approaches the Commissioner
of Higher Education within one month from today then the
Commissioner shall consider the case of the appellant
society and pass appropriate order, in accordance with
law, as early as possible, preferably within a period of
three months from the date on which the appellant society
approaches.
In view of the above, Shri Chauhan for the
Appellant seeks permission to withdraw this Appeal.
Permission granted. Dismissed as withdrawn.
(B.J.Shethna, J.)
Date : February 01, 2005
(M. C. Patel, J.)
*sas*