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SCA/323/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 323 of 2010
=========================================================
NAGINDAS
KESHAVLAL MEHTA - Petitioner(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NIRAV C THAKKAR for
Petitioner(s) : 1,
MR JK SHAH, ASST GOVERNMENT PLEADER for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 18/02/2010
ORAL
ORDER
1. This
court on 19.01.2010 issued notice to the respondents making it
returnable on 28.01.2010. When the matter came up for hearing on
28.01.2010, a statement was made on behalf of the State that no
appointments were made on the post in question at Kalawad. The
matter was then adjourned on two occasions.
2. On
09.02.2010, this court passed the following order:
This
matter is listed time and again. However, when the matter was called
out today, Mr. Upadhyaya, learned Assistant Government Pleader sought
adjournment as learned Additional Advocate General is appearing for
the respondent. The request is granted on condition that ad-interim
relief in terms of Para 7 (C) will be observed by keeping one post
vacant. S.O to 18.02.2010.
3.
However, today when the matter is heard, Mr. J.K. Shah, learned AGP
made a statement that the appointments have already been made on
27.01.2010 after notice was issued by this court. This statement
quite contrary to the statement made on 28.01.2010. It is to be
noted that the notice was served upon the respondent on 25.01.2010
and inspite of the same the appointments were made on 27.01.2010. It
is also required to be noted that the State has not made any request
to modify or recall the order dated 09.02.2010. After issuance of
notice on 19.01.2010, the State ought not to have made any
appointments on the post in question.
4. On
the overall facts and circumstances of the case as on today, it
appears that the concerned officers of the respondent State are
trying to over reach the process of this court. In that view of the
matter,
Rule
returnable on 25.02.2010. The persons who are appointed on the posts
of Notary in Kalawad shall not act as Notary pending this petition.
Direct service is permitted.
(K.S.
JHAVERI, J.)
Divya//
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