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SCA/18394/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 18394 of 2005
==============================================================
PATEL
BALDEBHAI CHATURBHAI & 3 - Petitioner(s)
Versus
THE
STATE OF GUJRAT & 2 - Respondent(s)
==============================================================
Appearance
:
M/S
THAKKAR ASSOC. for
Petitioner(s) : 1 - 4.
MR PD BHATE ASST GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2,
MR RJ OZA for
Respondent(s) :
3,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 07/09/2005
ORAL
ORDER
Notice
returnable on 9th September, 2005. Shri R.J.Oza, learned
advocate waives service of notice on behalf of the respondent No.3
and Shri P.D.Bhate, learned AGP waives service on behalf of the
respondent Nos.1 & 2.
It
appears from the record that the impugned order passed by the Joint
Secretary, Revenue Department (Appeals), State of Gujarat dated
21.7.2005 refusing to grant the interim relief is once again a non
speaking order and as such, no reasons have been assigned while
rejecting the interim relief application. This Court has time and
again set aside so many orders passed by the Secretary, Revenue
Department (Appeals), State of Gujarat on the ground that the orders
are non speaking orders and remanded the matters to him. Still the
Joint Secretary, Revenue Department (Appeals) and Secretary, Revenue
Department (Appeals) are passing similar type of the orders without
assigning any reason. It appears that the message to pass order
assigning reasons seems to have not reached to the respondent
authority though the matters are remanded time and again on the
ground that they are non speaking orders. Under the circumstances,
the Joint Secretary, Revenue Department (Appeals), State of Gujarat
is directed to remain personally present before this Court on 9th
September, 2005 so that he can be appraised of the law laid down by
the Hon’ble Supreme Court as well as this Court. Shri P.D.Bhate,
learned advocate appearing on behalf of the respondent ? State
Authorities is directed to communicate this order to the respondent ?
Authorities concerned conveying to the Joint Secretary, Revenue
Department (Appeals), State of Gujarat to remain personally present
before this Court on 9th September, 2005 at 11.00 a.m
sharply, otherwise, serious view can be taken by this Court.
S.O
to 9th September, 2005.
[
M.R.Shah, J.]
=kailash=
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