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MCA/1250/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1250 of 2008
In
SPECIAL
CIVIL APPLICATION No. 5268 of 2007
=========================================================
MAKWANA
USHABEN DAHYABHAI & 10 - Applicant(s)
Versus
STATE
OF GUJARAT & 4 - Opponent(s)
=========================================================
Appearance :
MR
NK MAJMUDAR for Applicant(s) : 1 - 11.
None
for Opponent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 17/06/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
petitioners have preferred the present petition on the ground that
the direction issued by this Court in its order dated 23.02.2007
passed in Special Civil Application No.5268/07 has not been complied
with.
Upon
hearing Mr.Suthar with Mr.Majmudar for the applicant, it appears
that as such, in the order, there is no clear reference to a
particular authority who had to decide the representation. However,
Mr.Suthar, learned counsel for the petitioners states that the
direction is given to respondents and respondent No.3 being the
Commissioner of Health and Family Welfare Department, would be the
concerned respondent who had to decide the representation. The
learned counsel for the petitioner during the course of hearing has
also produced on record the copy of the proof showing the receipt of
the representation by the office of the Commissioner of Health and
Family Welfare Department, copy whereof is produced at Annexure-B.
Under
these circumstances, we find that it would be just and proper to
direct the respondent No.3, Chief General Manager, to decide the
representation of the petitioners, copy whereof is produced at
Annexure-B within a period of two months from the receipt of the
order of this Court, in the event such representation is not
decided. It is also made clear that it would also be open to the
respondent No.3 to call for the copy of the representation in case
the copy is not available in his office and if the decision is
taken, the same shall be communicated to the petitioners. In the
event the aforesaid direction is not complied with, the petitioners
shall be at the liberty to move appropriate application.
Disposed
of accordingly. D.S.
(JAYANT PATEL, J.)
(AKIL KURESHI, J.)
*bjoy
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