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SCA/1485/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1485 of 2010
=========================================
CHHAGANBHAI
GANESHBHAI VAGHELA & 130 - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
=========================================Appearance
:
MR KB PUJARA
for Petitioner(s) : 1 -
131.
MS MANISHA NARSINGHANI, ASSTT GOVT PLEADER for Respondent(s)
: 1 - 2, 4,
RULE SERVED for Respondent(s) : 1 - 3,
5,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 15/10/2010
ORAL
ORDER
1. Learned
Assistant Government Pleader Ms. Manisha Narsinghani pointed out that
on 2.3.2010, this Court passed the following order:-
Rule
returnable on 20.01.2011…
Learned
advocate for the petitioners submitted that after this order was
passed, as interim relief was not granted, a Letters Patent Appeal
was preferred and in that Letters Patent Appeal, the Division Bench
passed an order, relevant part of which reads as under:-
3. In
view of the above facts and circumstances, it would be appropriate to
request learned single Judge to hear and decide Special Civil
Application No.1485 of 2010 as expeditiously as practicable and
preferably by the end of September, 2010. It would be, in the
meantime, neither necessary nor proper nor legal to entertain the
present appeal for grant of any interim relief, overturning the
impugned interim order of the Court. Therefore, the appeal is
dismissed with the observations, as aforesaid, and request to learned
single judge to hear and dispose the pending petition of the
appellants, as far as practicable by the end of September, 2010.
Notice is discharged.
Learned
advocate for the petitioners submitted that learned Single Judge
then passed an order on 17.6.2010, which reads as under:-
In
view of the order of the Division Bench, the matter shall be fixed
for hearing on 2nd July 2010.
2. On
perusal of the record, it is found that respondent No.3 has not filed
appearance so far. In light of that, the learned advocate for the
petitioners requested that he be permitted to effect the service of
order dated 17.6.2010 to the respondents, more particularly
respondent No.3 and other similar respondents who have not filed
appearance so far.
Request
is granted. The matter is peremptorily fixed for hearing on 26th
October 2010.
Direct
service is permitted. It will be open for the petitioners to effect
direct service by Registered Post A.D. in addition to other mode of
service.
(RAVI
R.TRIPATHI, J.)
omkar
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