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SCA/11393/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11393 of 2010
=====================================
PARAKHBHAI
MAFABHAI VAGHRI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=====================================
Appearance
:
MR SHALIN MEHTA with MS VIRAJ S
FOZDAR for Petitioner(s) : 1,
MS MANISHA
NARSINGHANI, AGP for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 07/10/2010
ORAL
ORDER
1.0 This
petition is not pressed for any of the prayers made in the petition
by learned advocate for the petitioner with a view to prefer an
appeal contemplated under Section 6-B, sub-section (3) of the Bombay
Home Guards Act, 1947, which is a statutory remedy available to the
petitioner.
2.0 Learned
advocate Mr. Mehta for the petitioner states that the petitioner
would make an application for condonation of delay, if required, and
such an application if filed, may be decided by the authority
concerned on its own merits. The authority concerned shall take an
appropriate decision in the appeal filed under Section 6-B,
sub-section (3) of the Bombay Home Guards Act, 1947 in case there is
no delay and in case there is delay and if the same is deemed fit to
be condoned.
3.0 Learned
Assistant Government Pleader raises no objection.
4.0 The
petition is disposed of as withdrawn with liberty to the petitioner
to avail of statutory remedy as contemplated under Section 6-B(3) of
the Bombay Home Guards Act, 1947.
4.1 Direct
service is permitted.
[
Ravi R. Tripathi, J. ]
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