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SCA/1329920/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13299 of 2008
============================================
SAHID
RAFIK KHOKHAR - Petitioner(s)
Versus
STATE
OF GUJARAT & 4 - Respondent(s)
============================================
Appearance
:
MR SANDEEP
N BHATT for Petitioner(s) : 1,
MR VIPUL MISTRY
ASST. GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) : 2 - 5.
============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 24/10/2008
ORAL
ORDER
Heard
learned counsel for the parties.
Learned
counsel for the petitioner submits that the impugned order dated
4.8.2008 passed by the Deputy Secretary of Department of Agriculture
and Cooperation, State of Gujarat is contrary to the policy dated
25.2.2004 of the Department of Ports and Fishers by which a detailed
procedure of awarding Ijara qua fishing is provided. Not only that
but according to learned counsel for the petitioner no such
procedure, as prescribed in the above Government Resolution dated
25.2.2004 is followed and after allotting Ijara, the authority fixed
the upset price, which is arbitrary, unreasonable and not in the
interest of public exchequre.
Hence,
Rule returnable on 21st November, 2008.
Learned
AGP waives service of notice of rule for respondent authorities.
Ad
interim relief in terms of para 11(C) till then.
(ANANT S. DAVE, J.)
//smita//
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