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SCA/177/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 177 of 2011
===================================
KARSANBHAI
JESANGBHAI DESAI CHAIRMAN OF LERIPURA - Petitioner
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 34 - Respondents
===================================
Appearance
:
MR MIHIR
JOSHI, SENIOR ADVOCATE WITH MR
DIPEN A DESAI for Petitioner(s) : 1,
MS MINI NIAR, AGP for
Respondent Nos. 1 to 3.
MS TRUSHA K PATEL for Respondent No. 4.
MR V C VAGHELA for Respondent Nos.5 to 35.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 17/01/2011
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
Draft
amendment submitted today is taken on record and allowed.
Affidavit of
Shri Ishwarbhai J. Tarak, filed on behalf of the respondent No.4 is
placed and taken on record. According to that affidavit-in-reply and
minutes of the meeting held on 14.01.2011 of respondent No.4, the
applications for cancellation of licenses of respondent Nos. 5 to 35
are resolved to be rejected. Therefore, admittedly, the cause of
action does not survive for the petitioner and petition was not
pressed for any order on merits. Learned Counsel for the respondents
having no objection to the petition being disposed of as not pressed,
it is disposed of as not pressed.
Learned
Counsel Mr. V. C. Vaghela appearing for respondent Nos.5 to 35
clarified that those respondents reserve their right to press, in
future with separate application, for cancellation of their traders
licenses and to take such other legal remedies as may be available to
them.
The
petition accordingly stands disposed and notice is discharged with no
order as to costs.
Sd/-
[D. H. WAGHELA, J.]
Sd/-
[K. A. PUJ, J.]
Savariya
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