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SCA/3607/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3607 of 2010
=========================================
HIRABHAI
THAKARSHIBHAI & 1 - Petitioner(s)
Versus
DEPUTY
EXECUTIVE ENGINEER - Respondent(s)
=========================================
Appearance :
MR
BA SURTI for
Petitioner(s) : 1 - 2.
MR NEERAJ SONI, AGP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/09/2010
ORAL
ORDER
Initially
when the present petition was preferred it was for an appropriate
writ, order or direction directing the respondent to decide the
representation/application submitted by the petitioner for
regularisation, granting continuity of service and other service
benefits. Thereafter, pursuant to the order passed by this Court, the
application of the petitioner has been turned down vide communication
dated 21/07/2010. Though by way of amendment, the petitioner has
challenged the same, however, it will be appropriate if the
petitioner challenges the same by way of separate independent
proceeding with necessary averments and grounds so that the same can
be considered. Under the circumstances, Shri Krunal Shah, learned
advocate appearing on behalf of the petitioner seeks permission to
withdraw the present petition with a liberty to file a fresh petition
challenging the subsequent communication dated 21/07/2010.
Permission is accordingly granted. The present petition is dismissed
as withdrawn. As and when such a petition is filed the same shall be
considered in accordance with law on its own merits. Notice is
discharged.
(M.R.
SHAH, J.)
siji
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