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SCA/4028/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4028 of
2010
=========================================================
LAXMANBHAI
MOHANBHAI SINDHAV SELF AND CHAIRMAN OF BHUNGADH & 1 -
Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
SN THAKKAR for
Petitioner(s) : 1 - 2.
GOVERNMENT PLEADER for Respondent(s) :
1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 05/04/2010
ORAL
ORDER
This
petition has been filed with the following prayers:-
(A) Your Lordships may be
pleased to issue a writ of mandamus or a writ in the nature of
mandamus, a writ of certiorari or a writ in the nature of certiorari
or any other appropriate writ, order or direction quashing and
setting aside the impugned notification dated 16.02.2010 at Annexure
A hereto.
(B) Pending admission and
final disposal of the present petition, Your Lordships may be pleased
to stay the operation and the implementation of the impugned
notification dated 16.02.2010 at Annexure A hereto.
(C) An ex parte ad interim
relief in terms of prayer B above may kindly be granted.
(D) Such other and further
reliefs as may be deemed just and proper in the facts and
circumstances of the present case may kindly be granted.
After
hearing Mr. S.N. Thakkar, learned counsel for the petitioners, it
transpires that the impugned notification
dated 16.02.2010, which is challenged in Clause-(A) of Paragraph-9,
has been issued pursuant to order dated 09.02.2010 passed in Special
Civil Application No.8435/2009 (Coram: M.R.Shah,J) and connected
matters, whereby the State Government has been directed to take
action in accordance with law. Special Civil Application No.8435/2009
and connected matters have been disposed of by order dated
09.02.2010. The issues involved, and the challenges raised in the
present petition touch directly upon the directions contained in the
above-mentioned judgment.
For
the sake of judicial propriety and to ensure that no conflicting or
contradictory orders are passed, and as another petition, being
Special Civil Application No.3542/2010, involving a similar issue, is
also pending, in the considered view of this Court, it would be
appropriate if the present petition is heard by the same Court, which
passed order dated 09.02.2010.
The
Registry may place this matter before Hon’ble the Chief Justice, for
appropriate orders, as his Lordship may deem proper.
(Smt. Abhilasha Kumari, J.)
Safir*
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