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MCA/1639/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR ORDERS No. 1639 of 2011
In
SPECIAL
CIVIL APPLICATION No. 14777 of 2010
=========================================================
SHAHMDAR
RAFIKSHA JIVASHA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Opponent(s)
=========================================================
Appearance
:
MR
MA BUKHARI for
Applicant(s) : 1,
MR AJ DESAI LEARNED ASSISTANT GOVERNMENT PLEADER
for Opponent(s) : 1,
None for Opponent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 28/09/2011
ORAL
ORDER
This
application has been filed by the applicant-original petitioner, with
the following prayers:-
“(A) Your
Lordships may be pleased to admit this application.
(B) That
the name of department of respondent No.1 in Special Civil
Application No.14777/10 may be permitted to correct as the Secretary,
Panchayats, Urban Development and Urban Housing Department, Block
No.14, Sachivalaya Gandhinagar.
(C) That
the name of respondent no.1 “Rural Housing and Rural
Development Department” may be permitted to delete.
(D) That
the order dated 26-11-2010 passed in Special Civil Application
No.14777 of 2010 may passed a fresh, and necessary direction may be
passed to consider fresh representation by the Secretary, Urban
Development as possible as early.
(E) Any
other appropriate order deem fit may be passed in the interest of
justice in favour of the petitioner.”
The
petitioner had preferred a petition, being Special Civil Application
No.14777 of 2010, which was disposed of by order dated 26.11.2010 of
this Court, by permitting the petitioner to make a representation to
respondent No.1, with a direction to decide the same, within a period
of three months from the receipt thereof.
The
petitioner made a representation before the Secretary, Panchayats,
Rural Housing and Rural Development, who was impleaded, as respondent
No.1 in the said petition. The petitioner has now been informed by
respondent No.1 that the subject matter of the representation is not
related to him, that is, the Secretary, Rural Housing and Rural
Development, therefore, he may approach the Court, in order to
correct the designation of respondent No.1 and change it to “The
Secretary, Panchayats, Urban Development and Urban Housing
Department. Accordingly, the petitioner has preferred the present
application.
I
have heard Mr.M.A. Bukhari, learned advocate for the applicant and
Mr.A.J. Desai, learned Assistant Government Pleader for respondent
No.1-State of Gujarat and perused the averments made in the
application.
As
it appears that the Secretary, Rural Housing and Rural Development is
not concerned with the subject matter of the representation, as has
been stated by respondent No.1, the prayers made by the petitioner
deserve to be granted. Accordingly, the following order is passed:
The
applicant is permitted to correct the designation of respondent No.1
in Special Civil Application No.14777 of 2010, by mentioning “The
Secretary, Panchayats, Urban Development and Urban Housing
Department”, instead of “The Secretary, Panchayats, Rural
Housing and Rural Development”. The correction/amendment in the
cause-title of the said petition be carried out, forthwith.
In
view of the above, the petitioner may now make a representation
before the Secretary, Panchayats, Urban Development and Urban Housing
Department, within a period of fifteen days from today.
In
the event that the representation is made by the petitioner, the
Secretary, Urban Development and Urban Housing Department, shall
consider and decide the same, in accordance with law, as
expeditiously as possible and without avoidable delay. The same shall
be done, preferably, within a period of three months from the date of
the receipt of the representation.
The
application is partly-allowed, in the above terms.
Direct
Service of this order, is permitted.
(Smt.
Abhilasha Kumari, J.)
rakesh/
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