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SCA/5512/2004 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5512 of 2004
======================================
K.M.GUNA
THILAKA & OTHERS
Versus
STATE
OF GUJARAT & OTHERS
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Appearance :
Mr
Paresh Upadhyay for the petitioners
Mr Kamal Trivedi, Advocate
General, assisted by Ms Sangeeta Vishen, Assistant
Government Pleader for
Respondent(s) : 1 - 3.
Mr JB Pardiwala for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/09/2010
ORAL
ORDER
In
this matter, after the Government Resolution dated 10th
February 2010, the Hon’ble Chief Justice had referred the issue to
Standing Committee, which considered the matter and decided to stick
to the original proposal of the Hon’ble Chief Justice. In pursuance
of the same, the Registrar General has sent a communication in this
regard on 7th May 2010 to the State Government.
Thereafter, this matter was listed on board and the same was
adjourned to 16th June 2010 expressing a hope that the
State Government shall come out with a favourable decision on the
aforesaid communication dated 7th May 2010. However, it
was reported that no decision has been taken and therefore the
matter was adjourned to 2nd July 2010.
On
2nd July 2010 a request was made on behalf of the
respondent State that some more time is required to take a decision
in the matter. Therefore, the matter was adjourned to 30th
July 2010 directing the State Government to take a decision on the
last proposal made by the High Court and to place on record the same
on the next date i.e. 30th July 2010.
On
30th July 2010 also it was stated that no decision was
taken and, as a last chance, the matter was adjourned to 17th
September 2010. Thereafter, the matter appeared on board on 15th
September as the Court was not available on 17th September
2010. On that day, the following order was passed:
In
spite of the order of this Court, the State Government has not taken
a decision. If the State Government does not take a decision by the
next date of hearing, Secretary, Legal Department shall remain
present before this Court. S.O. to 22.09.2010.
A
copy of this order may be given to the learned Assistant Government
Pleader, Ms Sangeeta Vishen. A copy of the letter addressed by the
learned Assistant Government Pleader to the Secretary,Legal
Department is taken on record.
In
the letter addressed by the learned Assistant Government Pleader it
was pointed out that the matter has been hanging fire since 2004
and despite several adjournments, no final decision has been taken by
the Government.
Today,
pursuant to the earlier order of this Court, Secretary, Legal
Department is present before this Court. An affidavit is filed by
Mr. J.M. Bhatt, Under Secretary, Legal Department stating that the
matter is pending at the level of Chief Secretary. In short, in spite
of various adjournments and various orders of this Court no decision
has been taken.
This
matter is of the year 2004. It is required to be noted that in
pursuance of the suggestion of this Court, in order to reduce the
burden on the Government exchequer and have a finality to the long
pending litigation, the Hon’ble Chief Justice had reconsidered the
matter and a fresh proposal was made. The State Government is
prolonging the matter without taking any decision in spite of the
repeated and clear orders of this Court.
In
this set of circumstances and in view of the aforesaid affidavit, it
is hoped that the Chief Secretary shall clear the file within a week
from today and place the decision thereof on record of this petition,
failing which he shall remain present before this Court at 11 AM on
1st October 2010. The matter is adjourned to 1st
October 2010. To be treated as part heard.
It
is hoped that the Secretary, Legal Department shall communicate this
order to the Chief Secretary and apprise him to implement the
recommendations of the Hon’ble Chief Justice.
(K.S.Jhaveri,
J.)
*mohd
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