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SCA/23330/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 23330 of 2007
=============================================
ABDULRAHIM
HASAN SHAMA - Petitioner(s)
Versus
UNION
OF INDIA THRO' MINISTRY OF DEFENCE & 2 - Respondent(s)
=============================================
Appearance
:
MR HASHIM QURESHI for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1 - 3.
MS
REETA CHANDARANA ASST GOVERNMENT PLEADER for Respondent(s) :
2,
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/10/2008
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
Heard
learned counsel for the parties.
By
this public interest litigation,
the petitioner seeks directions to the respondent to declare
specifically as to which area is declared as notified under Section
3(1) of Criminal Law Amendment Act, 1961.
Learned
AGP appearing for respondent Nos.2 & 3 has filed
affidavit-in-reply along with which notification dated 23rd
January, 2003 issued by the Ministry of Home Affairs, New Delhi is
annexed to indicate area falling within the Khavada Police Station of
Kutch District is declared as notified area.
That
being the fact situation, we are not inclined to entertain this
public interest litigation.
At
this stage, learned counsel for the petitioner prayed for direction
to respondent to create check-post on the periphery of the said area
and make provisions to take necessary permission as contemplated
under the Act and Notification. So far this prayer is concerned, the
matter can be taken care of by the respondents. However, we express
no opinion on the merits of the same.
With
above observations, the Special Civil Application stands disposed of.
Notice
stands discharged.
(K.S. RADHAKRISHNAN, C.J.)
(AKIL
KURESHI, J.)
kailash
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