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SCA/3223/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3223 of 2011
=========================================================
BHAGIRATHI
PROTEINS - PROPRIETORSHIP CONCERN OF - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH PRINCIPAL SECRETARY & 3 - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Petitioner(s) : 1,MS BELA A PRAJAPATI for Petitioner(s) : 1,
MS
MOXA THAKKAR, AGP for Respondent(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 2 - 3.
MS LILU K BHAYA for Respondent(s) : 3,
DS
AFF.NOT FILED (N) for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 11/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Mr.
Mangukiya, Ld. Counsel for the petitioner is not in a position to
show the rule, which is sought to be challenged, namely rule 7 of the
Gujarat Electricity Regulatory Commission [Electricity Supply Code
and Related Matters] Regulation, 2005. The pertinent aspect is that
it is on account of the said challenge, the matter is placed before
the Division Bench. Under the circumstances, we are unable to
entertain the challenge as sought to be canvassed.
2. However,
he voiced the apprehension that if the matter is not heard today, the
testing of the meter shall be completed in the laboratory and he
further apprehends that a complaint may also be filed under the
Indian Electricity Act.
3. We
cannot examine the matter on hypothesis that the complaint would be
filed. However, if the testing of the meter is to be made and the
petitioner is called upon to remain present, he may do so if he so
desires on his own volition. The report, if any, may be considered by
the Court at the later stage. Hence S O to 15/06/2011.
[
JAYANT PATEL, J. ]
[
J.C. UPADHYAYA, J.]
* Pansala.
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