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CA/5191/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 5191 of 2011
In
SPECIAL
CIVIL APPLICATION No. 16616 of 2010
=========================================================
VISHNUPRASAD
NATVARLAL PATEL & 5 - Petitioners
Versus
STATE
OF GUJARAT & 4 - Respondents
=========================================================
Appearance :
MR
GM JOSHI for
Petitioners : 1 - 6.
GOVERNMENT PLEADER for Respondent: 1,
NOTICE
SERVED for Respondents : 1 - 4.
NOTICE SERVED BY DS for
Respondents : 2, 4,
MR RAVINDRA SHAH for Respondent : 3,
MR
RAMNANDAN SINGH for Respondent : 5,
MS ABHA B MAKWANA for
Respondent :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 26/09/2011
ORAL
ORDER
Shri Joshi, learned advocate
appearing for the petitioners has made submissions extensively.
Learned AGP Ms. Pathak was invited
to clarify specifically as to whether in this case the State is in
any manner represented by learned Government Pleader or learned
Additional Advocate General or learned Advocate General, as the
affidavit-in-reply filed by the Chief Secretary of the State
contains communication dated 20.9.2011 and 21.9.2011. Ms. Pathak
submitted that in this case, learned Advocate General or learned
Additional Advocate General or learned Government Pleader are not
representing the State and she is to represent the State and she has
absolute authority to conduct the matter.
Learned AGP further submitted that
apropos this court’s order dated 8.4.2011, the files containing
change in dates and alleged tempering with the record is in custody
of the Secretary, Agriculture and Cooperation Department. This is as
per the oral instructions she has received from Mr. Jayantibhai
Vaghela, the Deputy Secretary, Agriculture and Cooperation
Department, who is present in the Court and instructing her.
Learned AGP Ms. Pathak under the
instruction of Shri Jayantibhai Vaghela, the Deputy Secretary has
submitted that file in respect of the proposal containing transfer /
suspension of Shri N.I. Patel is at present not available and the
same could be available. Learned AGP also to produce the documents,
which have been referred to in the affidavit-in-reply filed by the
then Secretary Shri Tripathi, Shri Brahmbhatt and Chief Secretary
Shri Joti. Orders accordingly.
Shri Singh, learned advocate
appearing for respondent no. 5 also made submissions.
Matter is adjourned to 27.09.2011.
The aforesaid files and documents, as ordered, shall be kept ready
with learned AGP for perusal of the Court without being insistence
of the availability of the copy of this order, as this order is
passed in presence of learned AGP and Shri Jayantibhai Vaghela, the
Deputy Secretary, Agriculture and Cooperation Department.
(S.R.BRAHMBHATT,
J.)
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