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SCA/4716/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4716 of 2011
=========================================================
HIRAPARA
SIDDHARTH MAGANLAL - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AG JOSHI for
Petitioner(s) : 1,MR DIPAK H SINDHI for Petitioner(s) : 1,
MR.
K.P. RAVAL, ASST. GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 20/04/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“(A) Your
Lordships will be pleased to admit and allow this petition.
[B] Your
Lordships will be pleased to issue a writ of mandamus or any other
appropriate writ, order and/or direction directing the Respondents to
transfer the Petitioner from Vavdi, Taluka: Sutrapada, District
Junagadh to Dhoraji, Taluka: Dhoraji, District Rajkot as
expeditiously as possible, in the interest of justice;
[C] Pending
admission, hearing and final disposal of the present petition Your
Lordships will be pleased to pass order directing the Respondents to
consider the request of the petitioner;
[D] An
ex-parte ad interim relief in terms of prayer(C) above may kindly be
granted;
[E] Your
Lordships will be pleased to grant such other and further relief/s,
as are deemed just, fit, proper & necessary in the interest of
justice.”
2. At
the very outset, Mr. Dipak H. Sindhi, learned advocate for the
petitioner submits that the interest of justice would be met, if the
petitioner is permitted to make a representation to respondent No.2
for the redressal of his grievances, and the said respondent may be
directed to consider and decide the same, expeditiously.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed :-
(a) The
petitioner is permitted to make a representation to respondent No.2,
within a period of 15 days from today.
(b) If
the said representation is made within the stipulated period of time,
respondent No.2 shall consider and decide the same, in
accordance with law, within a period of one month from the
date of receipt thereof.
It
is clarified that while passing this order, the Court has not entered
into the merits of the case.
4. The
petition is disposed of, in the above terms.
Direct
Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
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