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MCA/2796/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 2796 of 2010
In
SPECIAL
CIVIL APPLICATION No. 24534 of 2007
=========================================================
MAHESH
NATVARLAL PARMAR - Applicant(s)
Versus
THE
STATE OF GUJARAT & 1 - Opponent(s)
=========================================================
Appearance
:
MR.HARDIK
BHARHMBHAT for
Applicant(s) : 1,
MS JIRGA JHAVERI, AGP for Opponent(s) : 1,
None
for Opponent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/10/2010
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
Today,
learned advocate Mr. Brahmbhatt made a mention before this Court in
first session to permit him to circulate one MCA because he is having
some urgency. Considering his request, this Court has permitted to
learned advocate Mr. Brahmbhatt to circulate MCA in second session.
Accordingly, registry has prepared the papers and sent to this Court,
therefore, matter is taken up in second session.
Considering
submissions made by both learned advocates, the main grievance of
present applicant is that this Court has passed an order in Special
Civil Application No.24534 of 2007 dated 24th September
2007, where, direction is given by this Court to other side to
reconsider the case of applicant and examine it according to policy
prevailing at relevant time and thereafter to pass appropriate
reasoned order within a period of three months.
The
respondent has challenged this order before Letters Patent Bench by
filing LPA No.723 of 2008, which was also came to be dismissed on 5th
September 2008, therefore, learned advocate Mr. Brahmbhatt submitted
that some suitable directions may be issue to opponent, so, at least,
now, they may consider it within reasonable time.
Considering
fact that direction issued by this Court after challenge to LPA
Bench, no decision is taken till date by respondents, therefore, let
respondents may consider it and take appropriate decision as per
direction issued by this Court in SCA No.24534 of 2007 within a
period of two months from date of receiving copy of present order and
communicate decision to applicant immediately.
In
view of above observation and direction, present MCA is disposed of
by this Court without expressing any opinion on merits.
Direct
service is permitted.
[H.K.
RATHOD, J.]
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