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SCA/7937/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7937 of 2011
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RATANBEN
PARBHUBHAI PATEL THRO'POA RAMESHBHAI CHHELSHANKER - Petitioner
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondents
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Appearance :
MR
HARSHADRAY A DAVE for Petitioner:
MR. HK PATEL, LD. AGP for
Respondent : 1,
NOTICE SERVED BY DS for Respondents : 2 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 25/08/2011
ORAL
ORDER
Looking
to the decision cited at the Bar in respect of Dahyabhai
Chhaganbhai Vs. State of Gujarat, reported in 2002 (1) GLR 685, this
Court is of the prima facie view that the difference sought to be
made out is not so material so as to make the judgment in-applicable
in the facts & circumstances of the present case. Hence RULE.
However, at this stage submission is made by learned AGP for the
State for issuing notice as to interim relief so that appropriate
reply could be made, or else the matter could be taken up for final
hearing. Hence notice as to interim relief. Rule as well as notice
as to interim relief returnable on 8/9/2011. Shri HK Patel, learned
AGP waives service of notice of rule as well as notice as to interim
relief.
[ S.R. BRAHMBHATT,
J ]
/vgn
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