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SCA/16099/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16099 of 2010
=========================================
CHANDAN
MEDICAL STORES THROUGH PROP. ANKIT CHINUBHAI SHAH - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 4 - Respondent(s)
=========================================
Appearance
:
MR PR
NANAVATI for
Petitioner(s) : 1,
MS MINI NAIR, ASSISTANT GOVERNMENT PLEADER for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 2 -
5.
MR ANSHIN H DESAI for Respondent(s) :
5,
=========================================
CORAM
:
HONOURABLE
MS. JUSTICE HARSHA DEVANI
and
HONOURABLE
MR. JUSTICE H.B.ANTANI
Date
: 25/01/2011
ORAL
ORDER
(Per :
HONOURABLE MS. JUSTICE HARSHA DEVANI)
1. Mr.
Anshin Desai, learned advocate for the respondent No.5 submits that
in the light of the order dated 20th January, 2011 made by
this Court, the respondent No.4 – Medical Superintendent has
called upon the respondent No.5 to immediately vacate the premises in
question and that within a span of four days, as many as four
notices have already been issued to him. It is submitted that the
respondent No.5 has already made an application to the concerned Drug
Inspector for permission to notify a place to remove and store the
drugs and that obtaining such permission is likely to take a day or
two. That considering the nature of the goods in question, the same
cannot be removed within a day or two and the respondent No.5 would
require at least some reasonable time to shift the goods. Mr. Desai,
on instructions states that in any case, the respondent No.5 would
vacate the premises on or before 04th February, 2011.
2. The
Court also put a query to the learned Assistant Government Pleader as
to what would be a reasonable time for removal of the goods from the
premises in question, to which the learned Assistant Government
Pleader, upon instructions, states that the time limit stated by the
respondent No.5 is reasonable, considering the nature of the goods in
question. The learned Assistant Government Pleader further states,
on instructions, that the respondents shall not take any coercive
steps against the respondent No.5 till 04th February, 2011
so as to enable the respondent No.5 to vacate the premises on his
own.
3. At
the request of Mr. P.R. Nanavati, learned advocate for the
petitioner, the matter is adjourned to 01st February,
2011.
(
Harsha Devani, J. )
(
H.B. Antani, J. )
hki
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