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SCA/12566/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12566 of 2008
=========================================================
GURUKRUPA
RESIDENT WELFARE ASSOCIATION - Petitioner(s)
Versus
THE
CHIEF SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SUBRAMANIAM IYER for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/10/2008
ORAL
ORDER
The
petitioner by this petition has prayed for appropriate direction to
the respondent to consider and sanction the application dated
10.04.2008 made by the petitioner for setting up Anganwadi in
Behrampura area of the city of the Ahmedabad.
Upon
hearing learned Counsel appearing for the petitioner, it appears
that it is an admitted position that up till now, no decision is
taken in either way by the concerned authority for sanctioning
application or rejection of the application. Therefore, at this
stage no judicial scrutiny can be undertaken and as the decision is
not taken, no mandamus can be issued to sanction the application of
the petitioner.
Hence,
the present petition is disposed of with the observation that
application of the petitioner shall be considered by the concerned
authority in accordance with law, and appropriate decision shall be
taken preferably within a period of two months from the receipt of
the order of this Court.
Liberty
to the respondents to move this Court in case they are aggrieved by
aforesaid observations. It is also observed that in the event the
decision is against the petitioner, the petitioner shall be at the
liberty to challenge the said decision in accordance with law.
Sd/-
(ANANT
S. DAVE,J.)
JYOTI
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