SCA/5866/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5866 of 2008 With CIVIL APPLICATION No. 6766 of 2008 ========================================================= AJABSINH BALUSINH RATHOD & 10 - Petitioner(s) Versus STATE OF GUJARAT & 6 - Respondent(s) ========================================================= Appearance : MR MEHUL S SHAH for Petitioner(s) : 1 ý 11. MR SURESH M SHAH for Petitioner(s) : 1 - 11. MR JK SHAH ASSISTANT GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE NOT RECD BACK for Respondent(s) : 1,5 - 6. NOTICE SERVED for Respondent(s) : 2 - 4. MR VIBHUTI NANAVATI for Respondent(s) : 3 - 4, 7, ========================================================= CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 30/06/2008 ORAL ORDER
1. Mr.
Mehul Shah, learned counsel for the petitioners and Mr. Vibhuti
Nanavati, learned counsel for the respondents nos. 3, 4 and 7, have
jointly submitted that the interest of justice would be met, if this
Court issues a direction to the respondent no. 1 to hear and decide
Revision Application No. 12 of 2007, filed by the petitioners within
a time bound period.
2. Mr.
J.K. Shah, learned Assistant Government Pleader, for the respondents
nos. 1 and 2, has no objection to this request.
3. Accordingly,
it is directed that the respondent no. 1 may hear and decide Revision
Application No. 12 of 2007 and pass appropriate order, in accordance
with law, on or before 15th October, 2008. Till such time,
as the order in the Revision Application is not rendered, the
ad-interim relief granted by this Court vide order dated 4th
April, 2008, in terms of paragraph 8[d] of the petition, shall
continue. Needless to say, the parties shall co-operate in the
hearing and not to take unnecessary adjournments. It is made clear
that this order has not been passed on the merits of the case.
4. The
petition is disposed of in the above terms.
In
view of the disposal of the petition, the Civil Application No. 6776
of 2008, does not survive and is disposed of, accordingly. Notice is
discharged.
Direct
Service is permitted.
[Smt.
Abhilasha Kumari, J.]
/phalguni/