SCA/27570/2007 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 27570 of 2007 ========================================================= PRAFULCHANDRA ARVINDBHAI MEHTA - Petitioner(s) Versus THE STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR VD PARGHI for Petitioner(s) : 1, MR VIPUL MISTRY AGP for Respondent(s) : 1 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 07/07/2008 ORAL ORDER
Heard
learned counsel for the parties.
Mr.Parghi,
learned counsel for the petitioner, submits that by order dated
28.9.2006 passed in Special Civil Application No.9232 of 2006 the
petitioner was directed to make representation with regard to
grievance ventilated therein to respondent No.4-Secretary, Forest
and Environment Department, State of Gujarat within a period of 15
days from the date of receipt of the copy of the order and the
respondent No.4 therein was directed to consider the representation
and pass appropriate reasoned order in accordance with law within a
period of two months form the date of receipt of such representation
from the petitioner.
Learned
counsel for the petitioner further submits that the representation
made by the petitioner was decided by the Deputy Conservator of
Forests, Gir (East), Forest Department, Dhari instead of the
Secretary, Forest and Environment Department.
From
the record, it transpires that though specifically directed, the
Secretary of Forest and Environment Department, State of Gujarat has
not considered the representation of the petitioner and Deputy
Conservator of Forests has passed the order dated 1.12.2006 on the
representation made by the petitioner.
The
above fact speaks volumes about the conduct of the Secretary, Forest
and Environment Department, State of Gujarat in not paying any heed
to the order passed by this Court in order dated 28.9.2006 passed in
Special Civil Application No.9232 of 2006. The Secretary, Forest
and Environment Department is directed to explain as to why the
order of this Court dated passed in Special Civil Application
No.9232 of 2006 was not complied with in letter and spirit and under
which authority Deputy Conservator of Forests was directed to decide
the representation. Explanation be rendered on or before 25.7.2008,
failing which Secretary, Forest and Environment Department, State of
Gujarat, Gandhinagar, shall remain present before the Court on the
next date of hearing.
S.O.
to 28.7.2008.
Copy
of this order be given to learned AGP for its compliance.
(ANANT S. DAVE, J.)
*pvv