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SCA/13434/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13434 of 2007
=========================================================
RATANLAL
RAMLAL GAHRI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
M/S
THAKKAR ASSOC. for
Petitioner(s) : 1,
MR JK SHAH, ASST GOVERNMENT PLEADER for
Respondent(s) : 1 - 2.
MR HR PRAJAPATI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 09/02/2010
ORAL
ORDER
1. Para
3 of order dated 26.02.2007 passed by this court in Special Civil
Application No. 2151 of 2007 reads as under:
“3. Learned
counsel for the petitioner submitted that enough evidences have been
presented by the petitioner with respondent authority in Appeal
No.247 of 2005 including identity card issued by Election Commission
and other documents as referred in para-7 of the memo of the appeal
(page no.29 of the memo of the petition). Even ration card also
reflects that the petitioner is a resident of Village: Olpad. Learned
counsel for the petitioner submitted that electricity bill and
telephone bill have been presented before Joint Secretary, Food,
Civil and Consumer Affairs Department. Otherwise, it is an admitted
fact that the petitioner is having higher qualification than
respondent No.3. The conclusion arrived at by respondent authority
that the petitioner is not
resident of Village: Olpad, is far away from truth and evidences are
not properly appreciated by the respondent authority and, therefore,
the matter may be remanded and the petitioner may be permitted to
present evidences before the said authority.”
2. Mr.
J.K. Shah, learned AGP shall call for the original records with a
view to verify whether respondent no. 3 has produced along with the
application the documents which are referred in para 3 of the
aforesaid order. Matter to come up for hearing on 23.02.2010.
(K.S.
JHAVERI, J.)
Divya//
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