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SCA/10847/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10847 of 2011
=========================================================
CHARUBEN
K SHAH - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
KRUNAL D PANDYA for
Petitioner(s) : 1,
MS ASMITA PATEL LEARNED ASSISTANT GOVERNMENT
PLEADER for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) :
1,3 - 4.
NOTICE SERVED BY DS for Respondent(s) : 1 - 2, 4,
MR
RAJU K KOTHARI for Respondent(s) :
3,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 11/10/2011
ORAL
ORDER
1. When
the matter is taken-up, today, it is stated by Mr.Krunal D. Pandya,
learned advocate and Mr.Raju K. Kothri, learned Central Government
Standing Counsel, that the issue arising in the petition is under
adjudication before the Collector, Mehsana, who has heard the
parties, and shall be passing an order, shortly, though the order is
still awaited.
2. In
view of the above statement being made by the learned advocates for
the petitioner, and as the parties have already appeared before the
Collector, who has heard them and is in the process of passing an
order, this Court does not consider it appropriate to entertain the
petition, therefore, the same is disposed of with the following
directions:-
(1) That
the Collector may pass an order, as expeditiously as possible, and
preferably within a period of 15 days from the receipt of the copy of
this order, if it has not already been passed. The petition is
disposed of, in the above terms, without entering into the merits of
the case.
(2) It
is open to the petitioner to make a fresh application before the
Collector with respect to the payment of commission for the months of
June to October, 2011.
(3) In
the event that such an application is moved, the Collector may hear
the parties and render a decision, in accordance with law, within a
period of one month from the receipt of the application.
Direct
Service of this order, is permitted.
(Smt.
Abhilasha Kumari, J.)
rakesh/
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